Section 345 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 345 of the Bharatiya Sakshya Adhiniyam, 2023 does not exist in the Act (as it contains only up to 170 sections), I will provide a detailed explanation addressing what this means, why such confusion might occur, and how to approach legal research about sections that are not part of a statute.
Understanding the Absence of Section 345 in the Bharatiya Sakshya Adhiniyam, 2023
1. The Structure and Scope of the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023, is a legislative statute that codifies the rules relating to evidence in Indian courts. It governs what evidence is admissible, how it should be examined, and how courts should evaluate it. The Act is comprehensive but limited in scope with around 170 sections.
Since Section 345 is beyond the total number of sections in the Act, it does not exist in this legal framework.
2. Common Causes of Section Number Confusion
There are several reasons why someone might inquire about a non-existent section such as Section 345:
Reference to an Older Law: Sometimes, the Indian Evidence Act, 1872, or other laws might have had different numbering or additional provisions.
Misprint or Typographical Error: In legal discussions, printing errors or misquotations often lead to confusion about section numbers.
Misunderstanding of Related Laws: There could be confusion with sections from related statutes such as the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), or Civil Procedure Code (CPC) which do have sections numbered above 300.
Draft Proposals or Amendments: Occasionally, proposed amendments or draft laws might include sections not yet enacted in the final version.
3. How to Verify Sections in Statutes
Legal professionals and students should always cross-check section numbers and contents from official sources:
Government Websites: The official Indian Legal Information Institute (ILI), India Code website, and gazette notifications.
Authorized Publications: Published bare acts and annotated versions by reputed legal publishers.
Legal Databases: Subscription-based services such as Manupatra, SCC Online, or open-access resources.
Doing so prevents reliance on incorrect or outdated information.
4. What to Do if a Section is Not Found
If a section does not exist, consider the following steps:
Confirm the Act and Year: Ensure you are referring to the correct statute and its most recent version.
Look for Related Provisions: Sometimes topics are covered under different sections or chapter headings.
Consult Commentaries or Legal Experts: For complex queries, expert opinions or judicial pronouncements help clarify intent and scope.
Explore Secondary Legislation or Rules: Some procedural aspects may be governed by subordinate legislation or court rules.
5. Importance of Accurate Legal Citation
Accurate referencing is crucial because:
It ensures clarity in legal arguments.
It avoids misinterpretation or misuse of law.
It supports effective communication among lawyers, judges, and scholars.
It helps maintain the integrity of legal research.
Conclusion
In summary, Section 345 of the Bharatiya Sakshya Adhiniyam, 2023, does not exist, as the Act comprises only about 170 sections. This kind of confusion can be resolved by carefully verifying the source and context of the legal reference. For any genuine legal query, always refer to the latest authoritative version of the law.
RELATED Blog
0 comments