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BSA Section 41 to 52, Section 42,43,44,45,46,47,48,49,50,51 BSA|Bharatiya Sakshya Adhiniyam Bare Act

Section 41 BSA | Bharatiya Sakshya Adhiniyam, 2023


Opinion as to handwriting and signature, when relevant.


(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.


Explanation.—A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him.


Illustration.


The question is, whether a given letter is in the handwriting of A, a merchant in Itanagar. B is a merchant in Bengaluru, who has written letters addressed to A and received letters purporting to be written by him. C, is B's clerk whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising him thereon. The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C nor D ever saw A write.


(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.


Section 42 BSA | Bharatiya Sakshya Adhiniyam, 2023


Opinion as to existence of general custom or right, when relevant.


When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.


Explanation.—The expression "general custom or right" includes customs or rights common to any considerable class of persons.


Illustration.


The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.


Section 43 BSA | Bharatiya Sakshya Adhiniyam, 2023


Opinion as to usages, tenets, etc., when relevant.


When the Court has to form an opinion as to—

(i) the usages and tenets of any body of men or family;

(ii) the constitution and governance of any religious or charitable foundation; or

(iii) the meaning of words or terms used in particular districts or by particular classes of people,

the opinions of persons having special means of knowledge thereon, are relevant facts.


Section 44 BSA | Bharatiya Sakshya Adhiniyam, 2023


Opinion on relationship, when relevant.


When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:


Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.


Illustrations.


(a) The question is, whether A and B were married. The fact that they were usually

received and treated by their friends as husband and wife, is relevant.


(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.


Section 45 BSA | Bharatiya Sakshya Adhiniyam, 2023


Grounds of opinion, when relevant.


Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.


Illustration.


An expert may give an account of experiments performed by him for the purpose of forming his opinion.


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Character when relevant


Section 46 BSA | Bharatiya Sakshya Adhiniyam, 2023


In civil cases character to prove conduct imputed, irrelevant.


In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.


Section 47 BSA | Bharatiya Sakshya Adhiniyam, 2023


In criminal cases previous good character relevant.


In criminal proceedings the fact that the person accused is of a good character, is relevant.


Section 48 BSA | Bharatiya Sakshya Adhiniyam, 2023


Evidence of character or previous sexual experience not relevant in certain cases.


In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.


Section 49 BSA | Bharatiya Sakshya Adhiniyam, 2023


Previous bad character not relevant, except in reply.


In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.


Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue.


Explanation 2.—A previous conviction is relevant as evidence of bad character.


Section 50 BSA | Bharatiya Sakshya Adhiniyam, 2023


Character as affecting damages.


In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.

Explanation.—In this section and sections 46, 47 and 49, the word "character" includes both reputation and disposition; but, except as provided in section 49, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition has been shown.


PARTIII:


ON PROOF


CHAPTER III


FACTS WHICH NEED NOT BE PROVED


Section 51 BSA | Bharatiya Sakshya Adhiniyam, 2023


Fact judicially noticeable need not be proved.


No fact of which the Court will take judicial notice need be proved.


Section 52 BSA | Bharatiya Sakshya Adhiniyam, 2023


Facts of which Court shall take judicial notice.


(1) The Court shall take judicial notice of the following facts, namely:—


(a) all laws in force in the territory of India including laws having extra-territorial

operation;


(b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies;


(c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;


(d) the seals of all Courts and Tribunals;


(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India;


(f) the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette;


(g) the existence, title and national flag of every country or sovereign recognised by the Government of India;


(h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;


(i) the territory of India;


(j) the commencement, continuance and termination of hostilities between the

Government of India and any other country or body of persons;


(k) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it;


(l) the rule of the road on land or at sea.


(2) In the cases referred to in sub-section (1) and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference and if the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.


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BSA Section 41 to 52, Section 42,43,44,45,46,47,48,49,50,51 BSA Bharatiya Sakshya Adhiniyam Bare Act



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