Evidence, Limitation, Right to Information and Arbitration Law — Practice

Question 1

Which Act replaced the Indian Evidence Act, 1872, and from what date?

Accepted Answer

The Bharatiya Sakshya Adhiniyam (BSA), 2023, with effect from 1 July 2024.

Question 2

What is the ordinary response timeline for an RTI request, and the shortened timeline for a life-or-liberty matter?

Accepted Answer

30 days ordinarily; 48 hours where the information concerns the life or liberty of a person.

Question 3

Within how many months of receiving an award must a Section 34 application ordinarily be filed?

Accepted Answer

3 months.

Question 4

State the limitation period for a suit concerning a mortgage over immovable property.

Accepted Answer

12 years — the band applicable to suits concerning immovable property, trusts and mortgages.

Question 5

How many grounds of exemption does Section 8(1) of the RTI Act set out, and what provision can override an exemption?

Accepted Answer

10 grounds, clauses (a) to (j). Section 8(2) overrides even an applicable exemption where the public interest in disclosure outweighs the harm to the protected interest.

Question 6

Name three of Section 34's grounds for setting aside a domestic arbitral award.

Accepted Answer

Any three of: incapacity of a party or invalid arbitration agreement; no proper notice of the arbitrator's appointment/proceedings or inability to present the case; the award dealing with matters beyond the scope of submission; the tribunal's composition or procedure not per the parties' agreement; the subject matter not being arbitrable; the award conflicting with the public policy of India; patent illegality on the face of a domestic award.

Question 7

An award is challenged solely on the ground that the arbitrator's factual findings should be re-examined and re-weighed by the court. Explain whether this succeeds under Section 34, citing the relevant proviso.

Accepted Answer

It does not succeed. Section 34's proviso expressly states that a re-appreciation of evidence is not, by itself, a ground to set aside an award — the exhaustive list of grounds concerns procedural fairness, jurisdictional scope, arbitrability and public policy, not a fresh reconsideration of the arbitrator's factual findings.

Question 8

Explain what, according to informed current commentary, is the single most substantive change the BSA made to Indian evidence law, as against a purely cosmetic renumbering.

Accepted Answer

The BSA's expanded treatment of electronic and digital records, now admitted more directly as primary evidence rather than needing the extended secondary-evidence route sometimes required under the older Evidence Act — reflecting how much evidence today originates in digital form. The core doctrine (relevancy, burden of proof, presumptions, oral/documentary evidence) otherwise carries over largely unchanged.

Practice — Evidence, Limitation, Right to Information and Arbitration Law

Sign in to save attempts to your dashboard and track your accuracy over time

Find a verified tutor

Join a live course

Browse coaching centres

About

Categories

Support

Documentation

Get Study Tips & Updates

Download Our App

Download for iOS

Download for Android

Popular Cities