Evidence and Documents

What to remember

• The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act, 1872 from 1 July 2024. It tells the court what may be proved, how it may be proved and who must prove it. Electronic records are now clearly treated as documents.
• Evidence is of two main kinds: oral (what witnesses say in court) and documentary (documents, including electronic records). A document becomes part of the case record when it is proved and marked as an exhibit.
• Court staff mark exhibits, keep them safe, issue certified copies and follow the retention rules for records. A careless entry or a lost exhibit can harm a case.

Basic ideas of evidence

Evidence means the material by which a fact is proved in court. The court acts only on legal evidence, not on guesswork or rumour. Some key terms:

The BSA has about 170 sections against 167 in the Evidence Act. Many rules are kept in the same form. The main updates deal with electronic evidence, with electronic ways of giving oral evidence, and with some changes in wording.

Oral evidence

Oral evidence must be direct: a witness must say what he or she saw, heard or perceived. Hearsay is generally not accepted. Under the BSA, oral evidence may include evidence given by electronic means, such as video conference, where the law allows.

A witness is examined in three stages.

• 1. Examination-in-chief by the party who called the witness. Leading questions (those that suggest the answer) are generally not allowed here.
• 2. Cross-examination by the other side. Leading questions are allowed. Its purpose is to test truth and reliability.
• 3. Re-examination by the first side, only on matters arising from the cross-examination.

In criminal courts the witnesses are called PW (prosecution witness) and DW (defence witness). In civil courts they are PW and DW as well, with numbers: PW1, PW2, DW1 and so on. The staff record the number correctly and make sure the deposition is signed by the witness and the Judge as per the rules.

Some statements are accepted even if the maker is not available. Examples are a dying declaration (a statement by a person about the cause of his or her death) and some other statements made in the ordinary course of business.

Confessions and police

A confession made to a police officer is not admissible against the accused. A confession in police custody is admissible only if made in the immediate presence of a Magistrate. Only that portion of information which leads to the discovery of a fact is provable. A confession recorded properly by a Magistrate is a different matter and is allowed if voluntary. Confession obtained by threat, inducement or promise is not accepted.

Documentary evidence

A document may be proved by primary evidence or by secondary evidence.

Public documents are those made by public officers about public acts, official records and public registers. A private document is any other. A certified copy of a public document, given by the officer in charge with a certificate that it is a true copy, with the date, name, designation and seal, can be used to prove the contents of the public document without calling the officer. The court presumes it to be genuine.

Electronic evidence

Under the BSA, an electronic or digital record (emails, messages, call records, CCTV footage, computer files) is a document and can be primary or secondary evidence. To rely on it, the party gives a certificate with the electronic record. The certificate is signed by the person in charge of the device and by an expert, and a standard format is provided in a Schedule to the Act. It states that the device was working properly and that the record is a true output. Hash values may also be given. The staff should note the device details, label the storage item (pen drive, disc) and ensure it is sealed and kept safely.

Exhibits: marking and care

When a document or object is proved in court through a witness, the court records "Exhibited" and gives it a serial mark.

The custom may vary by court, so the staff follow the local practice and the Judge's direction. Rules for staff:

• Mark only when the Judge orders; write the date and number clearly and sign or initial as per the rules.
• Keep an exhibit register or list. Seal and label material objects. Note the chain of custody when they move to the police or the lab.
• Do not mix originals and copies; return original documents to the parties only on the Judge's order and against a receipt, usually after the appeal time is over.
• A document not proved cannot be marked as an exhibit; it is only "marked for identification".

Certified copies

Any person may apply for a certified copy of a judgment, order or deposition, as a rule, on paying the prescribed fee and filing the stamps. A party to the case gets it as of right; a stranger may be allowed in the cases the rules permit. The work flow is:

• 1. Application filed at the copying section, with fee and stamps.
• 2. The copyist prepares the copy and compares it with the original.
• 3. The head of office or the authorised officer checks and certifies it as a "certified true copy", with date and seal.
• 4. The copy is delivered and the date of delivery is recorded.

For urgent needs, an urgent copy may be given on payment of an extra fee. The dates of the application, the copy being ready and delivery are recorded because they matter for limitation: the time taken to get a copy is excluded in calculating the appeal period.

Records and their retention

Courts keep case records and registers under the Rules of Practice and the State's record rules. The general scheme:

• Records are classified by how long they must be kept. Judgments, decrees and registers of lasting value are kept permanently; routine papers are kept for shorter set periods, and then destroyed under the rules by a proper "weeding out" process.
• The record room has a keeper, a stock register, and a system of numbering and location. Each file taken out must be entered in a movement register.
• Destruction needs the Judge's order, a list of records to be destroyed, and a certificate. Records involved in a pending case, appeal or enquiry must never be weeded.
• Electronic records and scanned files should have backups, and access should be limited.
• The exact periods differ by class of record, so staff must check the current rules for the period applicable.

Exam traps

• BSA replaced the Evidence Act of 1872; it did not replace the CPC or BNSS.
• Primary evidence is the original; secondary evidence is a copy or substitute.
• A certified copy is secondary evidence of a public document, and the court may presume it genuine.
• Examination-in-chief: no leading questions; cross-examination: leading questions allowed.
• A confession to a police officer is not admissible.
• Electronic records need a certificate to be proved.
• Marked "for identification" is not the same as "exhibited".
• Pending-case records must not be destroyed, whatever their class.

One-liners

• 1. BSA means Bharatiya Sakshya Adhiniyam, 2023.
• 2. The old Evidence Act was of 1872.
• 3. The BSA came into force on 1 July 2024.
• 4. Electronic records are documents under the BSA.
• 5. Certificate for electronic records is required.
• 6. Examination-in-chief is by the calling party.
• 7. Cross-examination may use leading questions.
• 8. Re-examination is limited to matters arising from cross-examination.
• 9. Prosecution exhibits are marked P; defence exhibits D.
• 10. Material objects are marked M.O.
• 11. The time taken to get a certified copy is excluded for limitation.
• 12. Records of pending cases cannot be destroyed.

Practice questions

1. The Indian Evidence Act, 1872 was replaced by the:

   1. Bharatiya Nagarik Suraksha Sanhita, 2023
   2. Limitation Act, 1963
   3. Bharatiya Nyaya Sanhita, 2023
   4. Bharatiya Sakshya Adhiniyam, 2023
   Answer

   D. Bharatiya Sakshya Adhiniyam, 2023

   BSA, 2023 replaced the Evidence Act.

2. The BSA came into force on:

   1. 1 January 2020
   2. 1 July 2024
   3. 26 January 2025
   4. 15 August 2022
   Answer

   B. 1 July 2024

   It came into force with the BNS and BNSS.

3. Evidence given by witnesses in court is called:

   1. Documentary evidence
   2. Circumstantial proof
   3. Real evidence only
   4. Oral evidence
   Answer

   D. Oral evidence

   Statements of witnesses are oral evidence.

4. Under the BSA, electronic records are treated as:

   1. Documents
   2. Oral statements only
   3. Hearsay
   4. Material objects only
   Answer

   A. Documents

   Electronic records are documents.

5. Evidence of the original document itself is:

   1. Circumstantial evidence
   2. Primary evidence
   3. Secondary evidence
   4. Hearsay
   Answer

   B. Primary evidence

   The original is primary evidence.

6. A certified copy of a public document is generally:

   1. Secondary evidence
   2. Inadmissible
   3. Primary evidence of a private deed
   4. Oral evidence
   Answer

   A. Secondary evidence

   A certified copy is a form of secondary evidence.

7. The usual burden of proof lies on the person who:

   1. Is the Judge
   2. Asserts the fact
   3. Denies the fact
   4. Is the clerk
   Answer

   B. Asserts the fact

   The one who asserts must prove.

8. The first stage of examining a witness is:

   1. Discharge
   2. Re-examination
   3. Cross-examination
   4. Examination-in-chief
   Answer

   D. Examination-in-chief

   The calling party examines first.

9. Leading questions are generally NOT allowed in:

   1. Both stages equally
   2. Cross-examination
   3. Examination-in-chief
   4. Neither stage
   Answer

   C. Examination-in-chief

   They are allowed in cross-examination.

10. The purpose of cross-examination is to:

    1. Mark the exhibits
    2. Test the truth and reliability of the witness
    3. Close the case
    4. Issue summons
    Answer

    B. Test the truth and reliability of the witness

    The opposite side tests the witness.

11. Re-examination is limited to:

    1. Matters arising out of cross-examination
    2. Only the Judge's questions
    3. Only documents
    4. Any new matter
    Answer

    A. Matters arising out of cross-examination

    It clarifies points raised in cross.

12. A statement by a person about the cause of his death is a:

    1. Hearsay without value
    2. Admission of liability
    3. Confession
    4. Dying declaration
    Answer

    D. Dying declaration

    This is a dying declaration.

13. A confession made to a police officer is:

    1. Not admissible against the accused
    2. Admissible only in civil cases
    3. Always conclusive
    4. Fully admissible
    Answer

    A. Not admissible against the accused

    Confessions to police are barred.

14. A confession obtained by threat or inducement is:

    1. Accepted if typed
    2. Always accepted
    3. Not accepted
    4. Accepted if long
    Answer

    C. Not accepted

    Involuntary confessions are excluded.

15. A document may be proved by secondary evidence:

    1. Always
    2. Never
    3. Only by the clerk
    4. Only in the cases the law permits, such as loss of the original
    Answer

    D. Only in the cases the law permits, such as loss of the original

    Secondary evidence needs a legal ground.

16. Which is an example of secondary evidence?

    1. The original agreement
    2. A copy made by a mechanical process
    3. The original will
    4. A signed original deed
    Answer

    B. A copy made by a mechanical process

    A copy is secondary.

17. Records made by public officers about public acts are:

    1. Private documents
    2. Material objects
    3. Oral statements
    4. Public documents
    Answer

    D. Public documents

    They are public documents.

18. A certified copy must carry:

    1. Only a stamp of the bank
    2. A certificate of true copy with date, name, designation and seal
    3. Only a signature of the party
    4. No endorsement
    Answer

    B. A certificate of true copy with date, name, designation and seal

    These marks show authenticity.

19. Electronic records are proved with the help of a:

    1. Summons
    2. Warrant
    3. Certificate
    4. Decree
    Answer

    C. Certificate

    A certificate in the prescribed form accompanies them.

20. The electronic evidence certificate is signed by the person in charge of the device and by:

    1. The Judge
    2. The police constable
    3. An expert
    4. The advocate only
    Answer

    C. An expert

    The format has a part for an expert.

21. Plaintiff's exhibits in Andhra Pradesh civil courts are customarily marked:

    1. Ex.A
    2. Ex.P
    3. Ex.B
    4. Ex.D
    Answer

    A. Ex.A

    Plaintiff exhibits are marked A; defendant exhibits B.

22. Prosecution documents in a criminal court are marked:

    1. Ex.C
    2. Ex.A
    3. Ex.D
    4. Ex.P
    Answer

    D. Ex.P

    Prosecution marks are P.

23. Defence documents in a criminal court are marked:

    1. Ex.D
    2. Ex.P
    3. M.O.
    4. Ex.X
    Answer

    A. Ex.D

    Defence marks are D.

24. A weapon produced in court is marked as a:

    1. Summons
    2. Material object (M.O.)
    3. Decree
    4. Public document
    Answer

    B. Material object (M.O.)

    Physical items are material objects.

25. A document not yet proved is marked:

    1. As an exhibit
    2. As a decree
    3. As a certified copy
    4. For identification
    Answer

    D. For identification

    Marking for identification is not exhibiting.

26. An exhibit is marked by the staff:

    1. On the lawyer's request alone
    2. On the Judge's order
    3. After the case ends
    4. Never
    Answer

    B. On the Judge's order

    Marking follows the court's direction.

27. Time taken to obtain a certified copy of the judgment is:

    1. Excluded when counting the appeal period
    2. Added to the appeal period
    3. Ignored with penalty
    4. Not recorded
    Answer

    A. Excluded when counting the appeal period

    Section 12 of the Limitation Act excludes it.

28. A certified copy application is made at the:

    1. Police station
    2. Bar association
    3. Copying section
    4. Revenue office
    Answer

    C. Copying section

    The copying section handles it.

29. The copyist's copy is compared with the original and then:

    1. Burned
    2. Certified by the authorised officer
    3. Handed over without checking
    4. Sent to the police
    Answer

    B. Certified by the authorised officer

    Comparison and certification precede delivery.

30. Records involved in a pending appeal:

    1. May be destroyed after a year
    2. May be sold
    3. Must not be weeded out
    4. Need no register
    Answer

    C. Must not be weeded out

    Pending matters are never destroyed.

31. Weeding out of old records requires:

    1. Only the party's consent
    2. A police order
    3. The Judge's order and a list of records
    4. Only the clerk's wish
    Answer

    C. The Judge's order and a list of records

    The process follows the rules and a proper order.

32. Each file taken from the record room is entered in:

    1. A movement register
    2. A cash book only
    3. The decree register
    4. The diary of the police
    Answer

    A. A movement register

    Movement is tracked.

33. Which statements are correct? 1. Primary evidence is the original document. 2. Secondary evidence is a copy or other substitute.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

34. Which statements are correct? 1. Leading questions are permitted in cross-examination. 2. Leading questions are generally permitted in examination-in-chief.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Statement 2 is wrong.

35. Which statements are correct? 1. BSA replaced the Evidence Act. 2. BSA replaced the CPC.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The CPC remains in force.

36. Which statements are correct? 1. A confession to a police officer is admissible. 2. A confession before a Magistrate, if voluntary, may be admissible.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Statement 1 is wrong.

37. Which statements are correct? 1. A certified copy of a public document may be presumed genuine. 2. A pen drive carrying evidence should be labelled and sealed.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

38. Which statements are correct? 1. Exhibits are returned to a party only on the Judge's order. 2. A receipt is taken when originals are returned.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

39. Which statements are correct? 1. Electronic records are not documents under the BSA. 2. They may be proved with a certificate.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Statement 1 is wrong.

40. Which statements are correct? 1. A weapon is a document. 2. A weapon is marked as a material object.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    A weapon is a material object, not a document.

41. Hearsay evidence is generally:

    1. Preferred over direct evidence
    2. Required for a case
    3. Always accepted
    4. Not accepted
    Answer

    D. Not accepted

    Direct evidence is needed.

42. A fact is 'proved' when the court:

    1. Reads the FIR
    2. Sees it in a newspaper
    3. Hears it from a relative
    4. Believes it exists or thinks it very probable
    Answer

    D. Believes it exists or thinks it very probable

    This is the legal test.

43. A statement by a party that suggests a fact in issue is an:

    1. Decree
    2. Warrant
    3. Execution
    4. Admission
    Answer

    D. Admission

    This is an admission.

44. A record of continuing value, such as a judgment register, is typically kept:

    1. Until the next sitting
    2. For one week
    3. Permanently
    4. Only digitally without backup
    Answer

    C. Permanently

    Records of lasting value are preserved permanently.

45. When material objects go to a forensic lab and return, the staff note:

    1. Nothing
    2. Only the colour
    3. The chain of custody
    4. Only the fee
    Answer

    C. The chain of custody

    Custody trail is vital for credibility.