Indian Evidence Research Articles

Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modernizes the approach to legal procedures, placing a particular emphasis on the handling and acceptance of electronic evidence in courts. Comprising 170 sections, the BSA replaces the antiquated colonial terminology found in previous legislation with more relevant and contemporary language that reflects current practices and technological realities. One of the most significant reforms introduced by the BSA is the broadened acceptance of digital records as admissible evidence, which acknowledges the rapid technological advancements that have transformed communication and documentation methods in recent years. The scope of the BSA extends to military courts, indicating a major overhaul in the legal framework of India. Furthermore, the Act redefines key concepts such as "documents" and "evidence," explicitly incorporating digital formats to ensure clarity and consistency in legal proceedings. These vital changes set the stage for a more technologically adept legal system in India, representing a substantial evolution in evidence law while addressing the pressing need for modernization in legal practices and procedures.

Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts, Prisons, and Police

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Indian Evidence Act, 1872 (IEA) introduces several new provisions that create challenges for courts, prisons, and police, impacting their operational efficiency. The increased focus on electronic evidence in judicial proceedings raises worries about the authenticity of digital records and the dependability of electronic testimony, which can easily be subject to manipulation and tampering. Moreover, the law's unclear provisions regarding the admissibility of electronic evidence add to the complexity of its application. Courts, Prisons and Police Units need infrastructural enhancements to support remote monitoring, which necessitates substantial financial investments in video conferencing technology and cyber security measures. For law enforcement agencies, the BSA calls for improved digital forensics capabilities and stricter protocols for evidence gathering in course of investigation, leading to additional administrative and logistical burdens. These deficiencies highlight the urgent need for secure authentication methods, ongoing updates to the legal framework, and increased technological investment to safeguard the integrity of digital evidence. Failing to address these issues could compromise the effectiveness and credibility of the justice system.

Time-varying aggregate tail risk and cross-section of stock returns: Indian evidence

This article examines whether the time-varying aggregate tail risk is priced in the cross-section of average returns in the Indian equity market. The results show that the tail risk beta sorted portfolio returns increase monotonically with an increase in their tail risk sensitivity. More importantly, the Indian stocks provide economically and statistically significant risk premium for the tail beta risk factor. The findings remain robust after controlling for the Fama–French and momentum risk factors, and other individual characteristics governing tail behaviour of stocks. The study also provides evidence that institutional ownership and firm size affect tail risk premium.

A Comparative Analysis of Scientific Evidence in the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam

A Comparative Analysis of Scientific Evidence in the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam

Validity and Legal Implications of Oral Transfer

This article provides a comprehensive analysis of the validity and legal implications of oral transfers under Section 9 of the Transfer of Property Act, 1882. It allows property transfers to be made orally, provided that the law does not expressly require a written instrument. The article explores the scope of this provision, focusing on movable property and certain types of immovable property, including transactions valued below Rs. 100 and transfers of future interests. It also delves into the practical challenges of oral transfers, particularly regarding evidentiary issues, the applicability of the Registration Act, 1908, and the Indian Evidence Act, of 1872 . Judicial interpretations and case law offer insight into the enforceability of oral transfers, emphasizing the significance of possession in validating such transactions. Despite the legal validity of oral transfers, the article highlights the risks of uncertainty, fraud, and difficulties in proving ownership, making oral transfers less common in modern property transactions.

Contribution of veterinary sector to antimicrobial resistance in One Health compendium: an insight from available Indian evidence.

The application of antibiotics in the poultry and veterinary sectors is very common practice in India. Owing to the seriousness of antimicrobial resistance (AMR), the present study has illustrated the overall scenario of AMR in the poultry and veterinary sectors in India through an in-depth scoping review and key informant interview (KII). In the poultry sector, most of the studies reviewed have reported resistant bacteria isolated from chicken meat, eggs, cloacal swabs, and fecal samples, and only a few have reported the presence of resistant bacteria in and around the environment of poultry farms. The major resistant bacteria that have been reported are E. coli, Salmonella spp., S. aureus, Campylobacter jejuni, and K. pneumoniae. These bacterial isolates exhibited resistance to various antibiotics, such as azithromycin (21.43%), tetracycline (11.30-100%), chloramphenicol (4.76-100%), erythromycin (75-83.33%), ciprofloxacin (5.7-100%), gentamicin (17-100%), amikacin (4.76%), cotrimoxazole (42.2-60%), trimethoprim (89.4%), ceftriaxone (80%), and cefotaxime (14.29-70%). Like the poultry sector, different antibiotics are also used for treating clinical and subclinical bovine mastitis, which is one of the major problems plaguing the dairy sector. Several AMR bacterial strains, such as E. coli, Staphylococcus aureus, S. epidermidis, and Klebsiella pneumoniae, have been reported by many researchers and showed resistance against tetracycline (74%), oxytetracycline (47.37%), ciprofloxacin (51%), streptomycin (57.89%), cephalosporin (100%), and trimethoprim (70%). The KIIs have revealed several reasons behind these AMR scenarios, of which the growing need for the production of food animals and their products with inadequate infrastructure and a lack of proper knowledge on farm management among the farmers are the major ones. Though several government legislations and policies have been laid down, proper implementation of these policies, strict surveillance on antibiotic application in the poultry and veterinary sectors, awareness generation among farmers, and infrastructure development can help minimize the development and transmission of AMR bacteria within and from these sectors.

Real earnings management’s effects on performance in firms reaching the loss avoidance threshold: indian evidence after controlling for variations in firm’s competitive strategy

Real earnings management’s effects on performance in firms reaching the loss avoidance threshold: indian evidence after controlling for variations in firm’s competitive strategy

Related Party Transactions and Audit Fees: Indian Evidence

SUMMARY We examine the effect of related party transactions (RPTs) on audit fees in Indian public companies. RPTs can be used to manipulate financial statements or to transfer wealth between firms and their related parties, and the presence of RPTs increases audit risk. RPTs are relatively more important in India than in advanced economies, so we examine the association between RPTs and audit fees in the Indian setting. We find that audit fees increase by 3.58 percent moving from the first to third quartile of related party sales (RPSs). The association between RPSs and audit fees becomes prominent after the enactment of The Companies Act of 2013. Discussions with audit partners suggest that The Companies Act of 2013 led to increases in audit effort. Our results provide information regarding the corporate governance environment in India and highlight the importance of separately analyzing different types of RPTs. Data Availability: Data will be made available upon request after completion of related projects. JEL Classifications: G34; M41; M42.

CRIMINAL LAW REFORMS IN RECENT TIMES: ISSUES AND CHALLENGES

Criminal law is basically a fundamental part of the judiciary system, which protects society and upholds justice. The main purpose of this law is to maintain social order and rehabilitate offenders. Ensures to protection of the rights of individuals and maintains rules regarding illegal and legal behaviour. In India criminal law protects citizens and improves overall justice delivery. The new criminal laws especially emphasize the human rights of the citizens and provide effective outcomes for victims. The modification and introduction directly contribute towards reducing the crime rate and ensuring India's justice system becomes more robust and simple. The importance of reforms and changes in the proper legislation process highlighted the fact that the existing laws are specially backdated. A certain colonial Era is directly reflected in the Justice system. Several old laws in the section have become irrelevant and undoubtedly delay the overall justice system. However, there is a certain concern which can reflect the criminal law reforms in India. Misuse of power by certain authorities and inappropriate implementation can cause severe consequences. The criminal law has been amended many times which enables a legal framework to maintain societal changes and emerging challenges along with technology advancement. When the criminal justice system came to deliver justice by mitigating delay and compliance it created a fair justice system for communities and people. The idea of reform of criminal law mainly emphasizes victim empowerment, modernized evidence rule and many more. Also, certain areas needed to be addressed such as accountability, transfer, privacy, freedom of speech, the potential for abuse and interpretation and implementation challenges. Recent significant criminal law reforms in India here will be discussed and challenges or issues will be identified properly. Bharatiya Nyaya Sanhita (BNS) replaced the Indian penal code (IPC) and mostly aimed to influence the severity of punishment and criminal offences. Bharatiya Nagarik Suraksha Sanhita (BNSS) is a modified version of the Code of Criminal Procedure (CrPC) which focuses on victim protection and streamlining investigations. The Latest version of the Indian Evidence Act is Bharatiya Sakshya Adhiniyam (BSA) which incorporates forensic advancements and digital evidence. Those laws have been implemented with several challenges and issues but they also foster the judiciary system of India. These new laws effectively prioritize victims' rights and developed Updater support mechanisms for them also simplify the legal processes by reducing delays.

The Application and Regulation of DNA Identification Technology in Criminal Justice

In addition to being often utilized to identify criminal activity, forensic DNA analysis is also frequently employed in civil disputes to prove the paternity of disputed children. Affiliation orders, divorce processes, and instances of questioned legitimacy are where the bulk of cases involving challenged paternity occur. In recent years, there has been an increase in the use of DNA evidence in criminal investigations. Low enforcement has benefited from the use of DNA testing to identify perpetrators and solve complex crimes like rape and murder with rape. Computerized DNA databases for the identification of criminal criminals have been developed in several countries, making it feasible to identify people quickly in mass disasters using DNA typing. With the exception of identical twins, no two individuals have the same DNA, making DNA a formidable investigative tool. To put it another way, each person's DNA is distinct because the sequence or order of the DNA building blocks varies depending on the location within the cell. In criminal investigative instances, DNA is also quite significant. The science of DNA identification is examined in this essay, as well as its use in both civil and criminal cases. Analysis of the legislation pertaining to various countries is also included. The Indian Evidence Act of 1872 and the Code of Criminal Procedure of 1973 do not have any explicit rules to address forensic science concerns, despite the fact that DNA has a significant role to play in criminal investigation cases including murder, rape, contested paternity, man - made catastrophe, etc. In this essay, the science of DNA identification and its application to criminal investigations, trials, appeals, and post - conviction actions are studied. It discusses the key advantages and disadvantages of the growing use of DNA identification in the criminal justice system, with a focus on India.

Vijay Madanlal Choudhary v Union of India: A systematic breakdown of protections against testimonial compulsion during criminal investigations

The judgment of the Supreme Court of India in Vijay Madanlal v Union of India follows a long history of judicial exceptionalism in dealing with ‘economic offences’, and in doing so, further dilutes the safeguards that apply to ordinary criminal investigations under the Constitution of India 1950, the Code of Criminal Procedure 1973, and the Indian Evidence Act 1872. This article argues that the distinctions between ‘investigation’ and ‘inquiry’, and between the police and the Enforcement Directorate, in the Prevention of Money Laundering Act 2002, are specious and unjustified. It problematises the question, ‘Who is a police officer?’ as misleading, critiques the Court’s conclusions regarding the powers and immunities of the Enforcement Directorate, and argues that the Court’s judgment leads to a systematic breakdown of the protections against testimonial compulsion available during ordinary criminal investigations when it comes to offences under the Prevention of Money Laundering Act 2002.

Is Corporate Social Responsibility a Catalyst in Distressed Mergers and Acquisitions The Indian Evidence

Is Corporate Social Responsibility a Catalyst in Distressed Mergers and Acquisitions The Indian Evidence

Return and Volatility Spillover in Equity and Commodity Market: Some Indian Evidence

This study empirically investigates the return and volatility spillover among equity markets, Agro and non-Agro commodity markets. The study has used daily return data of BSE SENSEX as equity index, MCX iCOMEDEX, including Gold, Silver, and Crude oil, as non-agro indices, and NCDEX (AGRIDEX) as agro commodity indices to analyze volatility transmission between assets and markets using Generalized Autoregressive Conditional Heteroscedasticity (GARCH) and Exponential Generalized Autoregressive Conditional Heteroscedastic (EGARCH) model. The study has used dummy variables in the variance equation to identify the structural breaks during the COVID 19 pandemic. Further, Vector Auto Regression (VAR) pair-wise Granger causality test has been used to understand returns’ causality. The study has found a bidirectional and unidirectional causal relationship between variables. The study indicates that NCDEX could influence all the variables except MCX Gold. In structural breaks with deterministic dummy variables during COVID-19, we have found mixed evidence of asymmetric impact on conditional volatility. The study also indicates a positive and significant asymmetric volatility effect in the case of MCX Gold and MCX Silver during the COVID-19 period. The study has specified that SENSEX dominates the inflow of information to all commodity markets. Also, the findings signpost that information flows from NCDEX to MCX Gold, MCX Silver, and MCX Crude Oil. JEL Codes: C32, E30, E44, F41, G15, Q43

Parading the eyewitness: Caste atrocity and the Test Identification Parade

The study of the Test Identification Parade (TIP) within Indian evidence law must be contextualised considering the intensification of atrocities and brutalities against oppressed caste communities in India. Despite the existence of a separate law – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 – to adjudicate caste-based atrocities, its implementation has been met with severe obstacles. Studying how evidentiary practices encounter the Act reveals how the law of evidence, too, participates in the playing out of a caste crime. It is in this regard that the discussion surrounding the Test Identification Parade must be infused with a political character, surfacing the power relations and structural aspects surrounding testimony and memory within crimes. Through the TIP, evidence law constitutes the nodal site upon which the dominant caste police and judiciary collude to deprive marginalised castes of just outcomes. This piece examines the jurisprudence of the TIP in caste atrocities judgments, in order to investigate the various ways in which the law plays out a caste atrocity.

Valuation Effects of Magnitude and Frequency of Share Repurchases: Indian Evidence

This study examines the valuation effects of the magnitude and frequency of share repurchases for 181 Bombay Stock Exchange–listed stocks from 2000 to 2021. We investigate the valuation effect of share repurchases by calculating the sample companies’ average abnormal returns (AARs) and average cumulative abnormal returns (CARs) using the market model of event-study methodology. The findings show that the magnitude of share repurchases impacts the stock prices of the sample companies, regardless of the size of the repurchases concerning the total number of ordinary shares outstanding. Furthermore, when compared to single-time repurchasing companies, frequent repurchasing companies experience abnormal returns. This study contributes to the scant literature on the frequency and magnitude of share repurchases across the world.

Legality of Blockchain and Smart Contracts in India

India is presently experiencing a moment of profound transformation that encompasses revisions to its constitution and legal principles. In this era of remarkable transformation, it would be imprudent to overlook the technological innovations and digital advancements that have permeated the legal domain. One particularly vital aspect in this context is the field of Contract Law. Presently, electronic contracts in India are primarily governed by The Indian Contract Act, in conjunction with the Information Technology Act and the Indian Evidence Act, unless stated otherwise. These legal frameworks provide the foundation for legally enforceable electronic contracts in the country. This research paper emphasizes the urgent requirement for a legal adaptation in the field of Contract Law to align with the ever-evolving technological landscape. It also delves into the legal intricacies associated with blockchain-based Smart Contracts, elucidating how these contracts function within the current judicial landscape. Finally, it concludes by emphasizing the necessity for a pioneering effort to regulate this dynamic domain.

Impact of Sub-Indices of GCI on GCI: Indian Evidence

Impact of Sub-Indices of GCI on GCI: Indian Evidence

The Effect of Board’s Quality on Performance: An Indian Evidence

The Effect of Board’s Quality on Performance: An Indian Evidence

Evaluation of early stage start-ups by business angels: Indian evidence

Evaluation of early stage start-ups by business angels: Indian evidence

Indian Evidence Act Handbook with Common Objections & Evidentiary Foundations

Indian Evidence Act Handbook with Common Objections & Evidentiary Foundations