The Bharatiya Sakshya Adhiniyam, 2023 (BSA) modernizes India’s law of evidence by aligning it with present day realities, including electronic records. It lays down clear provisions on when statements by persons who cannot be called as witnesses, statements made under special circumstances, the extent to which a statement must be proved, and judgments of courts are considered relevant. These provisions ensure that the absence of a witness or the form of evidence does not hinder the delivery of justice.

When are statements made by a person who is dead or cannot be found considered relevant?

Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense, are themselves relevant facts in certain specified cases.

In which cases are such statements considered relevant?

These statements are relevant in the following cases:

(a)
When the statement is made by a person as to the cause of his death, or any circumstances of the transaction which resulted in his death, when the cause of that person’s death comes into question. Such statements are relevant whether or not the person was under expectation of death, and whatever may be the nature of the proceeding in which the cause of death comes into question.

(b)
When the statement was made by such person in the ordinary course of business, such as entries or memoranda in business books, acknowledgments of receipts, commercial documents or dated letters written or signed by him.

(c)
When the statement is against the pecuniary or proprietary interest of the person making it, or, if true, would expose him to criminal prosecution or a suit for damages.

(d)
When the statement gives the opinion of such person on the existence of any public right, custom, or matter of general interest, of which he was likely to be aware and was made before any controversy arose regarding it.

(e)
When the statement relates to the existence of any relationship by blood, marriage, or adoption between persons, and was made by someone with special means of knowledge before any dispute arose.

(f)
When the statement relates to the existence of a relationship by blood, marriage, or adoption between deceased........

© Greater Kashmir