It offers an in-depth analysis of each provision, focusing on the following:
• Legislative Intent – Analyses the purpose and motivation behind each clause to provide clarity on lawmakers' intentions
• Legal Procedure Changes – Identifies and discusses the alterations in legal procedures brought about by BSA
• Practical Effects – Examines the real-world impact of these legal changes on law enforcement practices
• Comparative Analysis – Provides a thorough comparison of BSA provisions with those of the IEA, highlighting significant revisions, new inclusions, and omissions
• Evolution of Evidence Laws – Underlines how evidence laws have evolved with the introduction of the BSA by highlighting the following:
o Significant Changes
o Additions
o Omissions
This book is positioned as an essential resource for those involved in the legal profession, including practitioners, judges, and law students. It is designed to assist in understanding the complexities of the new evidence laws, preparing for legal proceedings, and facilitating academic research in criminal laws.
The Present Publication is the First Edition authored by Taxmann's Editorial Board with significant contributions from Adv. Saurabh Kansal and Prof. (Dr) Vageshwari Deswal. The noteworthy features of the book are as follows:
• [Expert Analysis] Each section of BSA is examined with precision, offering readers insights into the legislative intent and practical application of the law
• [Comparative Tables and Lists] The book includes comparative tables showing the correlation between the sections of the IEA and BSA, new sections added, and sections repealed, which enhances the reader's comprehension and application of the law
• [Case Law References] With a meticulous compilation of relevant case laws, this book presents landmark judgments and legal precedents shaping the interpretation of evidence law in India. These case laws serve as practical examples, aiding legal professionals and scholars in understanding how the new provisions are likely to be applied and interpreted in various legal scenarios, thereby bridging the gap between theory and practice
• [Practical Insights] Focuses on the practical aspects of the law, offering perspectives on its impact on legal practice and the judicial system
• [Additional Resources] Appendices contain the Statement of Objects and Reasons, Notes on Clauses, and relevant parliamentary committee reports, providing a comprehensive understanding of the legislative backdrop
The detailed contents of the book are as follows:
• Tables
o Table showing sections of Indian Evidence Act, 1872 and corresponding sections of Bharatiya Sakshya Adhiniyam, 2023
o Table showing sections of Bharatiya Sakshya Adhiniyam, 2023 and corresponding sections of Indian Evidence Act, 1872
o Table showing new sections of Bharatiya Sakshya Adhiniyam, 2023
o Table showing sections of Indian Evidence Act, 1872 repealed by Bharatiya Sakshya Adhiniyam, 2023
• Section Key to Bharatiya Sakshya Adhiniyam, 2023
• List of Cases
• Arrangement of sections
• Analysis of Bharatiya Sakshya Adhiniyam, 2023
• Appendices
o Statement of Objects and Reasons
o Notes on Clauses
o 248th Report on Bharatiya Sakshya Adhiniyam, 2023 – Parliamentary Standing Committee on Home Affairs – Observations/Recommendations – At a glance
o Speech of Honourable Minister of Home Affairs and Minister of Cooperation (Shri Amit Shah) in Lok Sabha on 20-12-2023
o Provisions of other Acts Referred to in Bharatiya Sakshya Adhiniyam, 2023
• Glossary
• Subject Index
Prof. (Dr) Vageshwari Deswal is a distinguished law professor at the University of Delhi. Specializing in criminal law and gender justice, Dr Deswal's multifaceted career encompasses roles as an academic, author, feminist, newspaper columnist, and activist.
She is celebrated for her insightful contributions to academic scholarship and active involvement in addressing societal challenges. Dr Deswal's dedication to advancing justice and equality is evident through her influential work, which enriches academic dialogue and fosters meaningful societal engagement.
Saurabh Kansal is a distinguished advocate with an impressive academic and professional background, including degrees in Commerce (B.Com.), Law (LL.B.), and a Master of Laws (LL.M.) from Delhi University, along with a Postgraduate Diploma in Alternative Dispute Resolution. His legal career is marked by regular appearances in the Supreme Court, the Delhi High Court, and various other High Courts across India, focusing on criminal law.
Early in his career, Mr. Kansal contributed to the legal profession as a law researcher for the Hon'ble High Court, providing invaluable assistance to the bench. This experience laid the foundation for his commitment to supporting the judiciary and legislature in developing and refining legal principles.
Mr. Kansal is the founder of P & S Associates, a law firm recognized for its excellence in the legal field. This recognition includes receiving the prestigious' National Law Day Award' from the International Council of Jurists, London, highlighting his and his firm's significant contributions to law. His dedication to the legal profession and his passion for justice are evident in his work and achievements.
At the heart of Taxmann Publications lies the Research & Editorial Team, established from a cadre of Chartered Accountants, Company Secretaries, and Lawyers. This group, operating under the guidance of Editor-In-Chief Mr Rakesh Bhargava, is the cornerstone of Taxmann's commitment to delivering unparalleled content accuracy and reliability.
The team's mission is anchored in the principles of the Six Sigma methodology, with a steadfast goal of eradicating errors and upholding the highest standards of excellence in all publications and research outputs. Their rigorous content development process is informed by core guidelines, ensuring every piece of work is authoritative and insightful. These guidelines include:
• Sourcing – All statutory materials are derived exclusively from authorized and credible sources, guaranteeing the integrity of the information provided
• Current Awareness – The team prioritizes keeping readers well-informed of the latest judicial and legislative developments, ensuring content is both timely and relevant
• Analytical Insights – Special emphasis is placed on crafting analytical pieces on topical, contentious, and impactful issues, aiding readers in comprehensively understanding the nuances and implications of recent events
• Clarity and Accuracy – Taxmann pledges that every publication is thorough, precise, and articulated with clarity, serving as a reliable reference for complex subjects
• Evidence-based Referencing – Assertions and analyses are meticulously backed with references to relevant sections, circulars, notifications, or citations, enhancing the content's credibility
• Quality and Consistency – Adherence to the golden rules of grammar, style, and consistency is non-negotiable, ensuring a seamless and engaging reading experience
• Accessibility – The choice of font and size across all print and digital mediums is dictated by legibility and consistency, making information accessible to all readers