Date:-21/04/2024 Retrieved Rubrics -ADMISSION ---------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the delivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not accidental. 14. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations. (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. Admissions 15. An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. 16. (J) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. Facts bearing on question whether act was accidental or intentional. Existence of course of business when relevant. Admission defined. ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... made by any of the persons, and under the circumstances, hereinafter mentioned. 16. (J) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. Facts bearing on question whether act was accidental or intentional. Existence of course of business when relevant. Admission defined. Admission by party to proceeding or his agent. Admissions by persons whose position must be proved as against party to suit. Admissions by persons expressly referred to by party to suit. Proof of admissions against persons making them, and by or on their behalf. ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... against party to suit. Admissions by persons expressly referred to by party to suit. Proof of admissions against persons making them, and by or on their behalf. 10 THE GAZETTE OF INDIA EXTRAORDINARY [Part I— (2) Statements made by— (i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or ( i) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested: or (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements. 17. Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... matter of the proceeding, and who make the statement in their character of persons so interested: or (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements. 17. Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. 18. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration. The question is, whether a horse sold by A to B is sound. A says to B—"Go and ask C, C knows all about it". C's statement is an admission. 19. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:— ( /) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... for information in reference to a matter in dispute are admissions. Illustration. The question is, whether a horse sold by A to B is sound. A says to B—"Go and ask C, C knows all about it". C's statement is an admission. 19. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:— ( /) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations. (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (5) of section 26. (c) Ais accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (5) of section 26. (c) Ais accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26. (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts. 20. Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. 21. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub- sections (/) and (2) of section 132. 22. A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. 23. (1) No confession made to a police officer shall be proved as against a person accused of any offence. (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him: When oral admissions as to contents of documents are relevant. Admissions in civil cases when relevant. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. Confession to police officer. Consideration of proved ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... inducement, threat, coercion or promise, when irrelevant in criminal proceeding. Confession to police officer. Consideration of proved confession affecting person making it and others jointly under trial for same offence. Admissions not conclusive proof, but may estop. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. 12 THE GAZETTE OF INDIA EXTRAORDINARY [Part I— Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved. 24. When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. Explanation 1.—"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence. Explanation I1.—A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section. Illustrations. (a) A and B are jointly tried for the murder of C. It is proved that A said—"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said—"A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. 25. Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. Statements by persons who cannot be called as witnesses 26. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases, namely:— (a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question; (b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... evidence. Oral evidence to be direct. Proof of contents of documents. Primary evidence. 20 THE GAZETTE OF INDIA EXTRAORDINARY [Part I— 53. No fact needs to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions. CHAPTER IV OF ORAL EVIDENCE 54. All facts, except the contents of documents may be proved by oral evidence. 55. Oral evidence shall, in all cases whatever, be direct; if it refers to, — (4) a fact which could be seen, it must be the evidence of a witness who says he saw it: (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; (iv) an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. 58. Secondary evidence includes— Secondary evidence. (4) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them: (v) oral accounts of the contents of a document given by some person who has himself seen it: (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... (c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; (d) when the original is of such a nature as not to be easily movable; (e) when the original is a public document within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence; ( g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. Explanation.—For the purposes of — (4) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible: (ii) clause (b), the written admission is admissible; (iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible; ( iv) clause (g ), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document. 61. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document. 62. The contents of electronic records may be proved in accordance with the provisions of section 63. 63. (7) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether— (a) in standalone mode; or (6) on a computer system; or (c) on a computer network; or (d) on a computer resource enabling information creation or providing information processing and storage; or (e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly. (4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely: — (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3); (c) dealing with any of the matters to which the conditions mentioned in sub- section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule. Rules as to notice to produce. Proof of ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved. 67. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908, unless its execution by the person by whom it purports to have been executed is specifically denied. 68. If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. 16 of 1908. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 69. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. 70. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence. 71. An attested document not required by law to be attested may be proved as if it was unattested. 72. () In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing or seal has not been produced or proved for any other purpose. (2) The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. (3) This section applies also, with any necessary modifications, to finger impressions. 73. In order to ascertain whether a digital signature is that of the person by whom ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... (a) documents forming the acts, or records of the acts— (i) of the sovereign authority; (i) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State or Union territory of private documents. (2) All other documents except the documents referred to in sub-section (/) are private. 75. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies. Admission of execution by party to attested document. Proof when attesting witness denies execution. Proof of document not required by law to be attested. Comparison of signature, writing or seal with others admitted or proved. ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2—Wills admitted to probate in India may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation 2—Where there are more originals than one, one original only need be proved. Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations. (a ) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B a receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. 95. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B. 106. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration. A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it. 107. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations. (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost. 108. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33 Illustrations. (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. ........................................................ SEARCH RUBRICS :ADMISSION ......................... SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question: Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved: Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 127 to 136, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 151 or 152; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted. 1 of 1872. 1 of 1872. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45 CHAPTERXI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE 169. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision. CHAPTERXII REPEAL AND SAVINGS 170. (2) The Indian Evidence Act, 1872 is hereby repealed. (2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement, as if this Adhiniyam had not come into force. No new trial for improper admission or rejection of ........................................................