Supreme Court Explains Principles and Procedure of Evidence in Criminal Cases

Supreme Court Explains Principles and Procedure of Evidence in Criminal Cases under new Criminal Laws

In a recent Judgment issue related to procedure of evidence in criminal cases is discussed.

It was held that the Indian Evidence Act, 1872/ Bharatiya Sakshya Adhiniyam, 2023 provide the procedure for evidence as to the matters in writing and cross-examination as to previous statements in writing. Section 147 of the BSA, 2023 (144 of the Indian Evidence Act and Section 148 of the BSA (Section 145 of the Indian Evidence Act). 

A plain reading of the above provisions would make it clear that wherever questions are required to be put as to the matters in writing/previous statements in writing, the attention of the witness must be drawn to the document/statement itself. Thus, a question would arise as to how this procedure would be followed in cases where the evidence of the witness is being recorded over video conferencing.

In every case where, it is proposed to record the statement of a witness over video conferencing and any previous written statement of such witness or a matter in writing is available and the party concerned is desirous of confronting the witness with such previous statement/matter in writing, the trial Court shall ensure that a copy of the statement/document is transmitted to the witness through electronic transmission mode and the procedure provided under Section 147 and Section 148 of the Bharatiya Sakshya Adhiniyam (corresponding Section 144 and Section 145 of the Evidence Act) is followed in the letter and spirit, so as to safeguard the fairness and integrity of the trial. 

It was also held that "it is trite that where the witnesses have had an opportunity to see the accused prior to the holding of the TIP, the evidentiary worth of such proceedings stands considerably diminished."

For more details refer Raj Kumar @ Bheema v. State of NCTD [2025] GCtR 1706 (SC).