BSA, BNS, BNSS Laws Related to Forensic Sciences

Bharatiya Sakshya Adhiniyam, 2023

Section	Description	Definition as in BSA
S.2(1)e	Definition of Evidence	Evidence includes all statements permitted or required by the court to be made by witnesses and all documents, including electronic records, produced for court inspection.
S.3	Relevancy of Facts	Facts relevant to the issue, forming part of the same transaction, or facts necessary to explain or introduce a fact in issue.
S.4	Relevancy of Facts (Cause or Effect)	Facts which are the occasion, cause, or effect of facts in issue.
S.5	Relevancy of Facts (Motive, Preparation, Conduct)	Facts showing motive, preparation, or conduct of any party or agent to any proceeding.
S.6	Relevancy of Facts (Common Plan)	Facts showing the existence of a common plan or design for the commission of an offense.
S.7	Relevancy of Facts (Facts Inconsistent)	Facts inconsistent with any fact in issue or relevant fact.
S.8	Relevancy of Facts (State of Mind)	Facts showing the state of mind, body, or bodily feeling of a person.
S.9	Relevancy of Facts (Facts to Identify)	Facts necessary to identify a person or thing relevant to the issue.
S.10	Relevancy of Facts (Conspiracy)	Statements or actions by conspirators in reference to their common intention.
S.11	Relevancy of Facts (Alibi)	Facts establishing an alibi for the accused.
S.12	Relevancy of Facts (Amount of Damages)	Facts determining the amount of damages in civil cases.
S.13	Relevancy of Facts (Existence of Right or Custom)	Facts showing the existence of any right or custom.
S.14	Relevancy of Facts (Course of Business)	Facts showing the ordinary course of business or conduct.
S.15	Admission and Confession (Admission Defined)	Statements by a party or their representative that suggest any inference as to a fact in issue.
S.16	Admission and Confession (Admission by Party)	Admissions made by a party to the proceeding or their agent.
S.17	Admission and Confession (Admission in Civil Cases)	Admissions in civil cases when relevant and not made under certain conditions.
S.18	Admission and Confession (Admission by Persons with Interest)	Admissions by persons who have a proprietary or pecuniary interest in the subject matter.
S.19	Admission and Confession (Admission by Referee)	Admissions by persons referred to by a party with express consent.
S.20	Admission and Confession (Admission in Representative Capacity)	Admissions by persons in a representative capacity, such as executors or administrators.
S.21	Admission and Confession (Admission Against Interest)	Admissions against the interest of the maker at the time they were made.
S.22	Admission and Confession (Oral Admissions)	Oral admissions as to the contents of documents, subject to certain conditions.
S.23	Admission and Confession (Confession Defined)	Statements by the accused suggesting their guilt in the offense charged.
S.24	Admission and Confession (Confession under Inducement)	Confessions caused by inducement, threat, or promise are irrelevant if made to a person in authority.
S.25	Admission and Confession (Confession to Police)	Confessions made to a police officer are generally not admissible unless made in the presence of a Magistrate.
S.26	Admission and Confession (Confession in Custody)	Confessions made while in custody are not admissible unless made in the immediate presence of a Magistrate.
S.27	Admission and Confession (Information from Accused)	Information received from the accused leading to the discovery of a fact is admissible, regardless of the confession's admissibility.
S.39	Opinion of Experts	Opinions of experts on matters of science, art, or skill, when relevant, are admissible.
S.57	Primary Evidence	Original documents or their counterparts produced for court inspection.
S.58	Secondary Evidence	Copies or other forms of evidence of a document when primary evidence is unavailable.
S.61	Electronic Digital Records	Electronic records treated as documents for the purpose of evidence, subject to conditions.
S.63	Admissibility of Electronic Records	Conditions under which electronic records are admissible, including certification requirements.
S.136	Exclusion from Witness upon Production of Documents	Rules governing when a witness may be excused from answering questions upon producing documents.
S.140	Examination-in-Chief	The initial examination of a witness by the party who called them.
S.141	Cross-Examination	Examination of a witness by the adverse party to test the accuracy and truthfulness of their testimony.
S.142	Re-Examination	Further examination by the party who called the witness to clarify matters raised during cross-examination.
S.143	Order of Examinations	The sequence in which examination, cross-examination, and re-examination occur.
S.144	Cross-Examination of Person Called to Produce Document	Rules for cross-examining a person called solely to produce a document.
S.158	Impeaching Credit of Witness	Methods to challenge the credibility of a witness, such as by showing bias or prior inconsistent statements.
S.165	Production of Documents	Rules governing the production of documents in court, including when they must be produced.

Bharatiya Nagrik Suraksha Sanhita, 2023

Section	Description	Definition as in BNSS
S.173	First Information Report (FIR), Zero FIR	FIR can be registered electronically, signed within three days by the informant. Zero FIR allows registration at any police station, regardless of jurisdiction, to be transferred to the appropriate station.
S.6	Classes of Criminal Courts	Establishes various classes of criminal courts, including Courts of Session, Judicial Magistrates, and Executive Magistrates, for the administration of criminal justice.
S.197	Inquiry and Trial	Provides procedures for inquiries and trials, including cognizance of offenses by Magistrates and the process for conducting trials in criminal cases.
S.105	Videography of Search and Seizure	Mandates videography of the entire search and seizure process, including preparation of the seizure list and its signing by a witness, to ensure transparency.
S.185	Search by Police Officer	Requires audio-video recording of searches without a warrant, with reasons documented in the case diary, and records sent to the nearest Magistrate within 48 hours.
S.176	Procedure for Investigation	Mandates forensic investigation for offenses punishable with seven years or more, with forensic experts collecting evidence and recording the process via videography.
S.178	Power to Hold Investigation	Grants police officers the authority to investigate cognizable offenses without a Magistrate’s order, including preliminary inquiries for certain cases.
S.180	Examination of Witness by Police	Allows police to examine witnesses during investigation, with statements recorded and used as per legal provisions, ensuring proper documentation.
S.184	Medical Examination of Victims of Rape	Mandates prompt medical examination of rape victims by a registered medical practitioner, preferably within 24 hours, to preserve evidence and ensure victim care.
S.193	Police Report	Requires the officer in charge to forward the investigation report to the Magistrate, including through electronic means, with updates to the victim within 90 days.
S.194	Supplementary Police Report	Allows submission of supplementary reports after further investigation, ensuring all relevant evidence is presented to the Magistrate.
S.329	Reports of Government Scientific Experts	Permits reports from government scientific experts to be used as evidence in court, subject to cross-examination if required by the accused.

Bhartiya Nyaya Sanhita, 2023

Section	Description	Definition as in BNS
S.3	General Explanations, Mens Rea, Actus Reus	Provides definitions and explanations for key terms, including Mens Rea (guilty mind) and Actus Reus (guilty act), forming the basis for criminal liability.
S.45	Abetment	Instigating, engaging, or aiding in the commission of an offense, making the abettor liable as if they committed the offense.
S.46	Abetment in India of Offenses Outside India	Abetting an offense committed outside India, punishable as if the offense occurred within India.
S.47	Abetment Outside India for Offense in India	Abetting an offense in India from outside its territory, attracting liability under Indian law.
S.48	Punishment of Abetment if Act Abetted is Committed	Punishment for abetment when the abetted act is committed, aligning with the offense’s penalty.
S.49	Punishment of Abetment if Act Not Committed	Punishment for abetment even if the abetted act is not committed, based on intent and actions.
S.50	Abetment by Conspiracy	Engaging in a conspiracy to commit an offense, making participants liable for abetment.
S.51	Abetment by Intentional Aiding	Providing intentional aid to facilitate the commission of an offense, constituting abetment.
S.52	Abetment of Offense Punishable with Death or Imprisonment for Life	Abetment of offenses carrying death or life imprisonment, with corresponding severe penalties.
S.53	Abetment of Offense Punishable with Imprisonment	Abetment of offenses punishable with imprisonment, with penalties proportional to the offense.
S.54	Abettor Present When Offense is Committed	An abettor present at the scene of the crime is liable as if they committed the offense themselves.
S.55	Abetment of Offense by Public	Abetment by inciting the public or a group to commit an offense, attracting liability.
S.56	Criminal Conspiracy	Agreement between two or more persons to commit an illegal act or a legal act by illegal means.
S.57	Punishment for Criminal Conspiracy	Punishment for conspiring to commit an offense, even if the offense is not executed.
S.58	Conspiracy to Commit Offenses Punishable with Death or Life Imprisonment	Conspiracy to commit severe offenses, carrying penalties aligned with the intended crime.
S.59	Conspiracy to Commit Offenses Punishable with Imprisonment	Conspiracy to commit imprisonable offenses, with penalties based on the intended offense.
S.60	Attempt to Commit Offenses	Attempting to commit an offense, punishable with up to half the penalty of the completed offense.
S.61	Attempt to Commit Offenses Punishable with Death or Life Imprisonment	Attempts to commit severe offenses, carrying significant penalties up to imprisonment for life.
S.62	Attempt to Commit Offenses Punishable with Imprisonment	Attempts to commit imprisonable offenses, with penalties proportional to the intended crime.
S.63	Sexual Offences	General provisions for sexual offenses, including rape, sexual assault, and related crimes, with stringent penalties.
S.101	Murder	Intentionally causing the death of another person, punishable with death or life imprisonment.
S.178	Counterfeiting	Creating or using counterfeit currency or documents with intent to deceive, punishable with imprisonment.
S.317	Receiving Stolen Property	Knowingly receiving or retaining stolen property, punishable with imprisonment or fine.