Recent Amendments and Landmark Judgments in Indian Evidence Law

The Indian Evidence Act, 1872, being a cornerstone of judicial proceedings in India, has evolved over time to address technological advancements, social reforms, and judicial necessities. Understanding recent amendments and landmark judgments is essential for law students, advocates, and professionals to comprehend how evidence law adapts to modern challenges.

Contents

Recent Amendments 1. Electronic Evidence and Digital Records 2. Amendments Concerning Sexual Offences and Dowry Cases 3. Protection of Children and Vulnerable Witnesses Landmark Judgments 1. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473 2. Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801 3. Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 4. State of U.P. v. Rajesh Gautam (2003) 1 SCC 49 5. Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424 6. Lallu Yeshwant Singh v. State of Madhya Pradesh (1976) AIR 1763 7. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329 8. Bachan Singh v. State of Punjab (1980) 2 SCC 684 Impact of Recent Amendments and Judgments Conclusion

Recent Amendments

1. Electronic Evidence and Digital Records

With the rise of technology, the Information Technology Act, 2000, necessitated changes to evidence law:

Sections 65A and 65B of the Evidence Act were introduced to regulate admissibility of electronic records.
Section 65B(4): Requires a certificate of authenticity for electronic records to be admissible in court.
Ensures that emails, SMS, WhatsApp messages, and digital documents are treated as legally valid evidence.

2. Amendments Concerning Sexual Offences and Dowry Cases

Sections 113A and 113B of the Evidence Act allow statutory presumptions in sexual assault and dowry death cases:
- Section 113A: Presumption of culpable intention in sexual offences.
- Section 113B: Presumption of abetment of suicide in dowry death cases.
These amendments aim to strengthen protection for women and address difficulties in proving certain offences.

3. Protection of Children and Vulnerable Witnesses

Provisions related to special courts, child-friendly procedures, and in-camera evidence have been added to ensure sensitive handling of vulnerable witnesses.

Landmark Judgments

1. Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473

Held that electronic evidence is admissible only if Section 65B certificate is produced.
Highlighted that compliance with statutory procedures ensures authenticity and reliability.

2. Shafhi Mohammad v. State of Himachal Pradesh (2018) 2 SCC 801

Clarified the standard of proof and burden of evidence in criminal cases.
Reinforced that prima facie evidence is enough to shift evidential burden.

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

Set principles for conviction based solely on circumstantial evidence, emphasizing the need for a complete, coherent, and unbroken chain of circumstances.

4. State of U.P. v. Rajesh Gautam (2003) 1 SCC 49

Emphasized voluntariness of confessions and inadmissibility of confessions made under coercion.

5. Nandini Satpathy v. P.L. Dani (1978) 2 SCC 424

Provided guidelines on confessions and police interrogation, ensuring protection against forced confessions.

6. Lallu Yeshwant Singh v. State of Madhya Pradesh (1976) AIR 1763

Judicial scrutiny in dying declarations; courts must evaluate circumstances of recording and credibility.

7. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329

Discussed weightage of expert evidence, emphasizing that expert opinions are advisory but influential in judicial decision-making.

8. Bachan Singh v. State of Punjab (1980) 2 SCC 684

Addressed burden of proof in capital punishment cases, emphasizing proof beyond reasonable doubt.

Impact of Recent Amendments and Judgments

Digital Transformation of Evidence
- Courts now rely heavily on electronic and digital evidence, making compliance with Section 65B critical.
Enhanced Protection for Women and Vulnerable Witnesses
- Statutory presumptions and special provisions ensure that justice is accessible and equitable.
Judicial Clarity on Confession and Circumstantial Evidence
- Judgments have strengthened procedural safeguards while allowing circumstantial and confessional evidence to contribute effectively to convictions.
Evolving Standards of Proof
- Courts emphasize logical reasoning, credibility, and corroboration, ensuring that evidence is reliable, relevant, and just.

Conclusion

The Indian Evidence Act continues to evolve, incorporating technological, social, and judicial innovations. Landmark judgments have clarified ambiguities, set precedents on admissibility, and strengthened the law’s application in modern contexts. These developments ensure that truth-finding remains efficient, fair, and adaptable in India’s dynamic legal system.