Criminal trial & evidence

Building and defending a case at trial: examination, cross-examination, contradictions and proof under the BSA.

Questions advocates ask about Criminal trial & evidence

A criminal trial is decided on admissible evidence, proved in the manner the law prescribes. Since 1 July 2024 the Bharatiya Sakshya Adhiniyam (BSA) has replaced the Indian Evidence Act, and most provisions were renumbered, so a citation to the old section needs converting before it goes into a pleading.

How is electronic evidence proved under the BSA?

A copy or printout of an electronic record is admissible as a document if it is accompanied by the certificate Section 63 requires. The BSA prescribes the form of that certificate in a Schedule: one part is given by the person in charge of the device or by a party, and the other by an expert, and it records hash values of the record. Where the original device itself is produced, it is primary evidence and no certificate is needed. The Supreme Court held under the old Section 65B that the certificate is a condition for secondary electronic evidence.

BSA ss. 57, 63 (formerly Evidence Act ss. 62, 65B); Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1

Is a confession made to the police admissible?

No. A confession made to a police officer cannot be proved against the person accused of an offence, and a confession made while in police custody is inadmissible unless made in the immediate presence of a Magistrate. The exception is that so much of the information given by the accused as leads to the discovery of a fact is admissible, to the extent it relates distinctly to that discovery.

Bharatiya Sakshya Adhiniyam, provisions replacing Evidence Act ss. 25 to 27

Can a statement a witness gave to the police be used at trial?

Only in a limited way. A statement made to the police during investigation, if recorded, is not signed by the witness and may not be used as evidence, except to contradict the witness in the way the law allows: the witness must be confronted with the specific passage. It can also be used by the prosecution to re-examine a witness.

Bharatiya Nagarik Suraksha Sanhita, provision replacing CrPC s. 162; Bharatiya Sakshya Adhiniyam, provisions replacing Evidence Act s. 145

What happens when a witness turns hostile?

With the court's permission the party who called the witness may cross-examine them, which is what a declaration of hostility allows. The evidence of a hostile witness is not to be rejected in its entirety. The court may accept the parts that are reliable and corroborated, and the rest is treated with caution.

Bharatiya Sakshya Adhiniyam, provision replacing Evidence Act s. 154; Bhagwan Singh v. State of Haryana, (1976) 1 SCC 389

How is a case built on circumstantial evidence tested?

The circumstances must be fully established, they must be consistent only with the guilt of the accused and inconsistent with their innocence, and the chain must be so complete that there is no escape from the conclusion that the offence was committed by the accused. The Supreme Court set out these requirements, often called the five golden principles.

Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116

Prepared by The EduLaw Editorial Team on 2 November 2026. It has not yet been reviewed by a named advocate. Educational content, not legal advice; check the current text of each provision before relying on it.

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