BSA 2023 Phase 3 (Sec 104-170): Witnesses & Burden of Proof
BSA 2023 vs IEA 1872 ⚖️
Phase 3: Burden of Proof, Witnesses & Examination (Sections 104 to 170)
Executive Summary: Phase 3 (Sections 104-170)
Burden of Proof (Sec 104-117)
The fundamental principles of 'Onus Probandi' remain unchanged. Section 113 (Abetment of suicide by a married woman) and Section 114 (Dowry Death) are retained with updated section numbers.
Privileged Communications
Sections 128 to 135 protect communications between spouses, legal advisors, and state secrets. The protection for professional communications (lawyer-client) is maintained in Sec 132.
Accomplice Evidence
The controversial but necessary rule regarding Accomplice evidence is now found in Section 138, maintaining that an accomplice is a competent witness.
Examination Order
The sequence of Examination-in-chief, Cross-examination, and Re-examination (Sec 140-142) is preserved, supporting the procedural integrity of trials.
Part III: Production and Effect of Evidence
| IEA Sec. | IEA Heading / Description | BSA Sec. | BSA Heading / Description |
|---|---|---|---|
| Chapter VI: Of the Burden of Proof | |||
| 101 | Burden of proof | 104 | Burden of proof |
| 102 | On whom burden of proof lies | 105 | On whom burden of proof lies |
| 105 | Burden of proving case comes within exceptions | 108 | Burden of proving case comes within exceptions |
| 112 | Birth during marriage, conclusive proof of legitimacy | 115 | Birth during marriage, conclusive proof of legitimacy |
| 113A | Presumption as to abetment of suicide | 116 | Presumption as to abetment of suicide (Married Woman) |
| 113B | Presumption as to dowry death | 117 | Presumption as to dowry death |
| Chapter VII: Estoppel | |||
| 115 | Estoppel | 121 | Estoppel |
| 116-117 | Estoppel of tenant / licensee | 122-123 | Estoppel of tenant and of licensee |
| Chapter VIII: Of Witnesses | |||
| 118 | Who may testify | 124 | Who may testify |
| 122 | Communications during marriage | 128 | Communications during marriage |
| 126 | Professional communications | 132 | Professional communications (Legal advisors) |
| 133 | Accomplice | 138 | Accomplice evidence |
| 134 | Number of witnesses | 139 | Number of witnesses (Quality over Quantity) |
| Chapter IX: Of the Examination of Witnesses | |||
| 135 | Order of production and examination | 140 | Order of production and examination |
| 137 | Examination-in-chief, Cross, Re-examination | 142 | Definitions of examinations |
| 141-143 | Leading questions | 146-148 | Leading questions rules |
| 145 | Cross-examination as to previous statements | 150 | Cross-examination as to previous statements in writing |
| 154 | Questions by party to his own witness (Hostile) | 159 | Questions by party to his own witness |
| 159 | Refreshing memory | 164 | Refreshing memory |
| 165 | Judge’s power to put questions | 169 | Judge’s power to put questions or order production |
| Chapter X: Improper Admission and Rejection | |||
| 167 | No new trial for improper admission/rejection | 170 | No new trial for improper admission or rejection of evidence |
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