What Is BSA Section 141?

Bhartiya Sakshya Adhiniyam, 2023 - Section 141: Judge to Decide as to Admissibility of Evidence

(1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.

(2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.

(3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact.

Illustrations

• (a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 26. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement.
• (b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced.
• (c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified.
• (d) It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue. There are several intermediate facts B, C and D which must be shown to exist before the fact A can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A.

Brefe Detail

Section 141 of the Bhartiya Sakshya Adhiniyam, 2023, outlines the Judge's authority in determining the admissibility of evidence in legal proceedings. It specifies the conditions under which evidence is accepted, emphasizing the relevance of facts and the necessary proof of interrelated facts.

Question & Answers

Q1: What is the primary role of the Judge according to Section 141?

A1: The Judge decides the admissibility of evidence proposed by either party based on its relevance.

Q2: What must be proven if the evidence relies on another fact?

A2: The related fact must be proven before the evidence of the initial fact is accepted, unless the party undertakes to prove it.

Q3: Can a Judge require evidence of a second fact before admitting evidence of the first fact?

A3: Yes, the Judge may require this as part of their discretion.

Q4: What is an example of needing to prove a related fact?

A4: If a statement is to be proven from a deceased person, the fact of their death must be established first.

Example

• Example 1: Proving a statement from a deceased person requires first proving that the person is dead.
• Example 2: To present a copy of a lost document, the proponent must first demonstrate that the original is indeed lost.
• Example 3: In a theft case, the accused's denial of possession may require prior identification of the stolen property.
• Example 4: When proving a causal relationship, intermediate facts must be established before proving the cause or effect.

Summary

Section 141 of the Bhartiya Sakshya Adhiniyam, 2023, clarifies that judges must assess the relevance of evidence and determine its admissibility based on the necessary proofs of interrelated facts. This section emphasizes the judicial discretion in managing evidence to ensure a fair legal process.