Section 141 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐ Section 141 of the Bharatiya Sakshya Adhiniyam, 2023
Provision:
Judge to decide as to admissibility of evidence.
Text:
Relevance of Evidence:
When either party proposes to present evidence of a fact, the Judge may inquire how the alleged fact, if proven, would be relevant to the case. The Judge shall admit the evidence if it is deemed relevant, and not otherwise.
Proof of Conditional Facts:
If the admissibility of a fact depends on the proof of another fact, the latter must be established first, unless the party undertakes to provide proof of the second fact, and the Court is satisfied with such an undertaking.
Discretion in Order of Proof:
If the relevance of one alleged fact depends on another being first proven, the Judge may, at their discretion, either allow the first fact to be presented before the second is proven, or require the second fact to be established before the first is admitted.
Illustrations:
(a) To prove a statement made by a person who is alleged to be dead, the fact of their death must be established before the statement is admitted.(mynation.net)
(b) To prove the contents of a document said to be lost, the fact that the original document is lost must be established before the copy is presented.(aaptaxlaw.com)
(c) In a case where a person is accused of receiving stolen property, to prove that they denied possessing the property, the identity of the property must be established first. The Court may, at its discretion, either require the property to be identified before the denial is admitted or allow the denial to be presented first.(mynation.net)
(d) To prove a fact A as the cause or effect of a fact in issue, several intermediate facts B, C, and D must be shown to exist. The Court may either permit A to be proved before B, C, and D are established or may require proof of B, C, and D before permitting proof of A.(myjudix.com)
๐งพ Detailed Explanation
1. Judicial Discretion in Admissibility
Section 141 empowers the Judge with the discretion to determine the relevance and admissibility of evidence presented by either party. This ensures that only pertinent and legally acceptable evidence is considered in the proceedings.
2. Conditional Relevance
The section acknowledges that certain facts may only be relevant if other foundational facts are proven first. It provides a framework for establishing the order in which evidence should be presented, ensuring that the foundational facts are established before related evidence is admitted.
3. Flexibility in Presentation Order
Recognizing the complexities of legal proceedings, the section allows the Judge to exercise discretion in the order of proof. This flexibility helps in accommodating the nuances of each case, ensuring a fair and just process.
โ๏ธ Practical Implications
Ensuring Legal Relevance: Section 141 ensures that only evidence that is relevant to the case at hand is admitted, maintaining the integrity of the judicial process.
Structured Presentation of Evidence: By outlining the conditions under which evidence can be presented, the section helps in organizing the flow of the trial, making it more efficient and comprehensible.
Judicial Oversight: The section reinforces the role of the Judge in overseeing the proceedings, ensuring that the rights of all parties are protected and that the trial adheres to legal standards.
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