AI Overview...
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Indian Evidence Act, 1872 / Bharatiya Shakshya Adhiniyam, 2023 - The Act, 2023, replaces the Indian Evidence Act, 1872, and governs the admissibility, proof, and inspection of evidence and documents in legal proceedings. Key provisions include Sections 64, 65, 75-77, and 92, which address primary and secondary evidence, rights to inspect and copy public documents, and the exclusion of oral agreements TANVI SINGH AND OTHERS vs ASHUTOSH KUMAR SINGH - Madhya Pradesh, Gayatri Bai vs Leela Bai - Madhya Pradesh, Nayan vs Smt. Sushma - Madhya Pradesh, Ajay Sharma vs Public Officer Regional Transport Office - Consumer National, Rajkishore Agrawal vs Ashok Kumar Agrawal - Chhattisgarh, Selvakumar vs Alagu Deepa - Madras, CENTRAL BANK OF INDIA vs N KUMAR PROJECTS & INFRASTRUCTURE PRIVATE LIMITED - National Company Law Tribunal, Ramashankar Yadav vs State Of Chhattisgarh - Chhattisgarh.
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Secondary Evidence and Proof of Documents - Section 65 (Section 60 in the new Act) defines secondary evidence, including photocopies, which can be admissible under certain conditions. Section 64 emphasizes proving documents by primary evidence, while Section 92 excludes oral agreements from evidence. Courts have rejected photocopy evidence in specific cases, emphasizing the importance of proper proof Gayatri Bai vs Leela Bai - Madhya Pradesh, Nayan vs Smt. Sushma - Madhya Pradesh, Vishnuprasad S/O Bhagwandasji Gehlod Through Lrs. Sandeep vs Rajendra Singh - Madhya Pradesh.
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Inspection and Copying of Public Documents - Sections 75-77 grant the right to inspect and obtain copies of public documents. The failure of authorities to comply with these provisions can lead to legal petitions for enforcement Ajay Sharma vs Public Officer Regional Transport Office - Consumer National, Ramashankar Yadav vs State Of Chhattisgarh - Chhattisgarh.
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Order and Procedure in Evidence Cases - Several cases highlight the importance of adhering to statutory procedures under the Act for admissibility of evidence, including challenges to rejection of applications under Section 39 and the need for proper proof of wills under Sections 63 and 67 Rajkishore Agrawal vs Ashok Kumar Agrawal - Chhattisgarh, Selvakumar vs Alagu Deepa - Madras.
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Legal Means of Evidence Collection - The Act emphasizes that evidence must be obtained through legal means; evidence obtained unlawfully is inadmissible, as highlighted in discussions around the admissibility of evidence produced by respondents TANVI SINGH AND OTHERS vs ASHUTOSH KUMAR SINGH - Madhya Pradesh.
Analysis and Conclusion:
The Bharatiya Shakshya Adhiniyam, 2023, modernizes and consolidates evidence law in India, emphasizing the importance of primary evidence, the right to inspect and copy public documents, and adherence to legal procedures for evidence admissibility. Courts consistently uphold the statutory provisions, rejecting inadmissible evidence such as photocopies lacking proper proof, and ensuring rights under Sections 75-77 are protected. The Act aims to streamline evidence processes, reinforce legal means of evidence collection, and uphold the integrity of judicial proceedings.
Search Results for "Bharatiya Shakshya Adhiniyam"
2025 Supreme(Online)(MP) 8267 • India - High Court of Madhya Pradesh
ALOK AWASTHI, J
Indian Evidence Act, 1872 (Now Bharatiya Shakshya Adhiniyam, 2023, in short “the Adhiniyam, 2023”) (for brevity “the Act, 1872”). Section 5 of the Act, 1872 (Section 3 of the Adhiniyam, 2023) provides that: “5. ... Section 14 of Family Courts Act and Section 122 of the Act, 1872 (Section 128 of the Adhiniyam, 2023) it is profitable to deal with the argument of learned counsel for petitioner/ wife that the evidence produced by respondent is not obtained by legal means and the method....
2025 Supreme(Online)(MP) 2937 • India - High Court of Madhya Pradesh
Krishna in his statement recorded under Section 23(2) of Bharatiya Shakshya Adhiniyam informed that the vehicle used for transportation of illicit liquor is owned by Aashish(applicant). Accordingly, applicant Aashish was arrested on 10.12.2024. The statements of the witnesses were recorded.
2025 Supreme(Online)(MP) 8590 • India - High Court of Madhya Pradesh
Shakshya Adhiniyam, 2023 (for brevity “BSA, 2023”)] for taking photocopy of a will as secondary evidence, has been rejected. ... Article 227 of the Constitution of India being disgruntled by the impugned order dated 21.07.2025 passed by the Second Civil Judge, Senior Division, District- Dhar in RCS No. 01A/2018, whereby petitioner/defendant’s application under Section 65 of the Indian Evidence Act, 1872 (briefly “IEA, 1872”) [Now, Bharatiya
2025 Supreme(Online)(MP) 8776 • India - High Court of Madhya Pradesh
To determine the questions No. 2 & 3 are concerned, Section 65 of Indian Evidence Act, 1872 (for brevity IEA, 1872) (Section 60 of Bharatiya Shakshya Adhiniyam, 2023 “in short “BSA, 2023”) defines "secondary evidence relating to document may be given" :- Secondary
2025 Supreme(Online)(MP) 6836 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
(20) Section 64 of the Indian Evidence Act, 1872 (for brevity "the Act, 1872") (Section 59 of the Bharatiya Shakshya Adhiniyam, 2023) (In short "Adhiniyam, 2023"), defines 'Proof of documents by primary evidence' thus : "Documents must be proved by primary ... (24) Likewise, Section 92 of the Act, 1872 (Section 95 of the Adhiniyam, 1872) is referred as under :- Exclusion of evidence of oral agreement. ... In the case at hand, the appellants are claiming their ownership on the suit property only on the....
2025 Supreme(Online)(NCDRC) 3433 • India - National Consumer Disputes Redressal Commission
AVM J. RAJENDRA, AVSM VSM (Retd.), PRESIDING MEMBER, MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER
(A) Bhartiya Sakshya Adhiniyam, 2023 - Sections 75 to 77 - Right to inspect public documents - Appellant sought copies but was denied ... The contentions of the Complainant are that the statutory provisions provide for right to inspect the documents and that the Complainant is bound to be issued copies thereof on demand under the Bhartiya Sakshya Adhiniyam, 2023 . ... ORDER (ORAL) The main grievance in the present Appeals is that in compliance of the Section 75 to 77 of the #HL_START....
2025 Supreme(Online)(Chh) 9511 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
The petitioner challenges the order rejecting their application under Section 39 of the Bhartiya Sakshya Adhiniyam, 2023, related ... The petitioner has challenged the order dated 14.05.2025 passed in Civil Suit No. 259A/2014 by the learned 13th Civil Judge, Junior Division, Raipur, whereby an application moved by the petitioner under Section 39 of the Bhartiya Sakshya Adhiniyam ... Thereafter, the petitioner/defendant No. 1 moved an application under Section 39 of the Ad....
2025 Supreme(Online)(Mad) 30673 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
Sakshya Adhiniyan, 2023 and Section 63 of the Indian Succession Act, 1925. ... hinged on the clarity of thumb impressions and the plaintiff's obligation to prove the Will's authenticity under Section 67 of the Bharatiya ... In the case of Will, the propounder has to prove the same in accordance with Section Section 67 of the Bharatiya Sakshya Adhiniyan , 2023 and 63 of the Indian Succession Act , 1925. ... It has further held that the plaintiff has to prove the genuineness of the un- r....
2025 Supreme(Online)(NCLT) 5902 • India - National Company Law Tribunal
SHRI ANIL RAJ CHELLAN, SHRI K. R. SAJI KUMAR, JJ
The Applicant sought to declare photocopies as inadmissible evidence under Bhartiya Sakshya Adhiniyam, 2023. ... According to the Applicant/CD, the photocopies of the documents submitted by the Respondent/FC to substantiate debt and default in the Main C.P. lack evidentiary value under the Bhartiya Sakshya Adhiniyam, 2023 (BSA) (erstwhile Evidence Act, 1872). ... To hold and declare, that the photo-copies/cam scanned documents annexed to CP(IB)569(MB)/2024 are inadmissible evidences as....
2025 Supreme(Online)(Chh) 10658 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Statute Analysis: The judicial determination involves compliance with Section 75 of the Bhartiya Sakshya Adhiniyam, 2023. ... The duty cast upon the respondent authorities to provide the certified copy of the public document as per Section 75 of the Bhartiya Sakshya Adhiniyam , 2023, but the respondent authorities are not complying with the same. Hence this petition.
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