BSA: Documents, Electronic Records, Burden of Proof and Witnesses — Practice

Question 1

Which BSA section governs the admissibility of electronic records and what was the old section?

Accepted Answer

BSA 63, corresponding to IEA 65B.

Question 2

On whom does the burden of proof lie in a criminal case?

Accepted Answer

On the prosecution, to prove guilt beyond reasonable doubt, as the accused is presumed innocent.

Question 3

When is secondary evidence of a document allowed?

Accepted Answer

Where the original is in the possession of the adverse party who fails to produce it after notice, is lost or destroyed without the party's default, is not easily movable, is a public document or has numerous accounts that cannot conveniently be examined.

Question 4

State the rule on facts especially within the knowledge of a person and its limit.

Accepted Answer

The burden of proving such a fact lies on that person (BSA 109). It does not relieve the prosecution of its burden and fills only a gap (Shambhu Nath Mehra v. State of Ajmer), though in Trimukh Maroti Kirkan the husband had to explain a wife's death inside a house in which only he lived with her.

Question 5

What is the evidentiary value of a hostile witness?

Accepted Answer

With the court's permission the party may cross-examine him. His testimony is not wholly rejected, and the part that is credible and corroborated by other evidence may be used (Bhagwan Singh v. State of Haryana).

Question 6

Explain the requirement of a certificate for electronic evidence and the leading cases.

Accepted Answer

Under BSA 63, an electronic record is admissible without further proof of the original if it is accompanied by a certificate in the Schedule, in two parts, one by the person in charge of the device and one by an expert, with a hash value, and the conditions on lawful control, regular use and proper functioning are met. Anvar P. V. v. P. K. Basheer (2014) made the certificate mandatory. Shafhi Mohammad (2018) had relaxed it, and Arjun Panditrao Khotkar (2020) restored Anvar and held the certificate mandatory, while allowing the court to order its production.

Question 7

A sues B on a written sale agreement. B says that the agreement was subject to an oral condition that it would take effect only if A obtained a loan. The document is silent on this. Decide the admissibility of B's evidence.

Accepted Answer

BSA 95 bars oral evidence to contradict or vary a written document. The proviso allowing proof of a condition precedent to the attaching of any obligation applies, so B may lead oral evidence that the agreement was to take effect only on A obtaining a loan. B must prove the condition, since the burden lies on him under BSA 104.

Question 8

Which BSA section contains the presumption as to dowry death and what is the old section?

Accepted Answer

BSA 118, corresponding to IEA 113B.

Practice — BSA: Documents, Electronic Records, Burden of Proof and Witnesses

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