Must-Know Evidence Types in BSA 2023

Kinds of Evidence under BSA 2023 are central to understanding how courts in India evaluate facts and deliver justice. The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) replaces the Indian Evidence Act of 1872 and introduces modern, structured definitions of evidence types. For law students and legal professionals, mastering the kinds of evidence under BSA 2023—including oral, documentary, primary, secondary, and electronic evidence—is crucial for exams and practice. This post explores in detail all types of evidence under BSA 2023, their definitions, updated section numbers, and key features to help you prepare effectively.

In the Indian legal system, the concept of evidence is the backbone of justice. Without evidence, courts cannot prove or disprove any fact. The newly introduced Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) replaces the colonial Indian Evidence Act of 1872 and reflects a modern, technology-inclusive approach to evidence law.

This blog post will explain in detail the definition and kinds of evidence under the Bharatiya Sakshya Adhiniyam, 2023. The content is exam-oriented, SEO-rich, and suitable for law students preparing for university or competitive exams.

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🧾 Definition of Evidence under BSA 2023

According to Section 2(d) of the Bharatiya Sakshya Adhiniyam, 2023, “evidence” includes:

(i) All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry – called oral evidence;
(ii) All documents, including electronic records, produced for the inspection of the court – called documentary evidence.

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🔍 Explanation:

• The term “evidence” is inclusive, not exhaustive.
• It covers both oral and documentary types.
• Electronic records are included under documentary evidence, adapting the law to the digital age.

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🎯 Objectives of the Law of Evidence

1. To regulate the process of proving facts in court.
2. To ensure that only relevant, reliable, and legal evidence is admissible.
3. To define rules for admissibility.
4. To enhance fair trial and judicial accuracy.
5. To adapt to modern evidence like electronic records.

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📚 Kinds of Evidence under Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 classifies evidence into various categories, based on its nature, method of presentation, and admissibility. Let us understand each kind in detail with correct section numbers.

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1️⃣ Oral Evidence [Section 54]

Oral evidence means the statements made by witnesses before the court in relation to facts under inquiry.

✅ Features:

• Must be direct (i.e., what the witness saw, heard, or sensed personally).
• Must be under oath and subject to cross-examination.
• Hearsay is not admissible.

📌 Example:

A person who saw a murder and testifies in court provides oral evidence.

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2️⃣ Documentary Evidence [Sections 56, 59, 60]

Documentary evidence includes all documents and electronic records presented to the court.

🔸 Section 56:

• Documents can be written, printed, or digital.

🔸 Section 59:

• Contents of documents can be proved only by the documents themselves, not by oral evidence (except when oral evidence is permitted by law).

🔸 Section 60:

• If a fact is recorded in a document, it must be proved through that document.

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🔍 Types of Documentary Evidence:

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3️⃣ Primary Evidence [Section 57]

Primary evidence is the original document itself.

✅ Features:

• Most reliable form of documentary evidence.
• No need for special permission to admit in court.

📌 Example:

Original rent agreement produced in court.

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4️⃣ Secondary Evidence [Section 58]

Secondary evidence means copies or substitutes of original documents.

✅ When Allowed:

• When the original is lost, destroyed, or in possession of the opposite party.
• When original is not easily movable.

📌 Example:

Photocopy or scanned copy of a sale deed.

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💻 Electronic Evidence [Sections 61 to 66]

The BSA 2023 gives significant importance to electronic records.

✅ What Is Electronic Evidence?

• Evidence in digital form such as:
  • Emails
  • WhatsApp messages
  • CCTV footage
  • Server logs
  • PDFs or digital contracts

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🔸 Sections 61 to 66 cover:

• Admissibility and presumptions about electronic evidence.
• Authentication requirements for digital records.
• Rules for proving integrity and reliability of data.

📌 Example:

CCTV footage proving the presence of an accused at the crime scene.

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🧠 Other Classifications of Evidence

Along with the above, evidence is also categorized as:

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5️⃣ Direct and Circumstantial Evidence

🔹 Direct Evidence:

• Proves a fact without inference.
• Eyewitness accounts, confessions.

Example: A witness seeing the accused commit the crime.

🔹 Circumstantial Evidence:

• Based on indirect facts leading to inference.
• Requires reasoning to connect the accused to the act.

Example: Fingerprints on a murder weapon.

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6️⃣ Real and Personal Evidence

🔹 Real Evidence:

• Physical objects used to prove facts.

Example: Knife with blood stains.

🔹 Personal Evidence:

• Statements by persons – includes oral and written statements.

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7️⃣ Judicial and Non-Judicial Evidence

🔹 Judicial Evidence:

• Evidence given in court, under oath.

🔹 Non-Judicial Evidence:

• Statements made outside the court, not under oath.
• Admissible only under certain conditions.

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8️⃣ Hearsay Evidence (Generally Inadmissible)

• Hearsay means a second-hand statement.
• Not based on the direct knowledge of the witness.
• Not admissible except in specific cases like:
  • Dying declarations [Section 26]
  • Statements in public documents

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⚖️ Important Case Law References

• Sharad Birdhichand Sarda v. State of Maharashtra (1984):
  Explained how circumstantial evidence must form a complete chain to convict.
• K. Ramiah v. Public Prosecutor (2001):
  Primary evidence is always the best and preferred.
• Anvar v. Basheer (2014):
  Ruled that electronic evidence must be accompanied with certificates under Section 65B (now adapted in BSA 2023 under Secs 61–66).

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🧠 Tips for Students Writing Exam Answers

• Start with definition under Section 2(d).
• Use clear headings: oral, documentary, primary, etc.
• Quote section numbers from BSA 2023.
• Use examples and case law for clarity.
• Keep the structure neat and point-wise.
• End with a short conclusion.

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✅ Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 has redefined how we understand and apply evidence in Indian courts. With the correct categorization and updated sections, students must be thorough with terms like oral evidence (Sec 54), documentary evidence (Secs 56, 59, 60), primary (Sec 57) and secondary evidence (Sec 58), and especially electronic evidence (Secs 61–66).

Understanding these types not only helps in writing great exam answers but also in building a strong foundation for a legal career.

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❓ FAQs on Evidence under Bharatiya Sakshya Adhiniyam 2023

Q1: Which section defines evidence in BSA 2023?
A: Section 2(d) defines evidence.

Q2: What is oral evidence as per BSA 2023?
A: Section 54 – verbal statements made before court by witnesses.

Q3: What sections deal with documentary evidence?
A: Sections 56, 59, and 60.

Q4: Where is electronic evidence covered?
A: Sections 61 to 66.

Q5: Is secondary evidence admissible?
A: Yes, under certain conditions, as provided in Section 58.