Book on ‘Bharatiya Sakshya Adhiniyam: A Transformative Legal Journey’

About the Book

The Indian Evidence Act, 1872, is a pioneering legal instrument that codified the rules of evidence for judicial proceedings in India. The Act, which was one of the first pieces of law in the postcolonial judicial system, brought uniformity, reason, and clarity to the admittance of evidence. But since its founding, the legal landscape has undergone a significant transformation. Globalization, technological development, and sociopolitical shifts have all contributed to ongoing examination and modification of the Evidence Act’s interpretation and application.

This book aims to analyse the Indian Evidence Act’s revolutionary journey critically. In addition to examining its current relevance, it seeks to trace its historical development and examine new issues brought about by developments in digital evidence, forensic science, and technology. Along with evaluating how it interacts with human rights, gender justice, and constitutional values, the study will provide a framework for reconsidering its provisions in light of contemporary demands.

By including academics, professionals, and decision-makers, the volume aims to draw attention to the Act’s flexibility and shortcomings while suggesting changes that would bring it into line with current legal issues. The book will also look at how evidence law protects constitutional rights, ensures justice, and encourages fair trials. The book will offer priceless insights on the role of evidence law in India, both now and in the future, thanks to this multidisciplinary investigation.

Objective

The edited book “Bharatiya Sakshya Adhiniyam: A Transformative Legal Journey” aims to give a thorough analysis of the Bharatitya Sakshya Adhiniyam, 2023(Indian Evidence Act, 1872) looking at its development over time, its applicability today, and the difficulties it faces in the current legal environment.

It seeks to evaluate critically the effects of significant court rulings, the use of digital and forensic evidence, and the ways in which the Act intersects with gender justice, human rights, and constitutional principles.

Along with providing academics, politicians, and legal professionals with scholarly insights and useful suggestions, the book will also suggest changes to the Act to bring it into line with new developments in technology and international best practices.

Themes for Contributors

1. Historical Evolution of the Indian Evidence Act, 1872
   • Analysis of the colonial influence on the drafting and early application of the Act.
   • Post-independence amendments and reforms to the Indian Evidence Act.
2. Judicial Interpretation of Evidence Law
   • Landmark judicial decisions shaping the Indian Evidence Act.
   • Role of the judiciary in adapting evidence law to contemporary challenges.
3. Digital Evidence: Challenges and Admissibility
   • Legal challenges posed by digital evidence in criminal and civil cases.
   • Mechanisms for the admissibility and authentication of digital evidence.
4. Forensic Science and Evidence Law
   • Impact of advancements in forensic science on the Indian Evidence Act.
   • Use of forensic evidence in modern legal proceedings.
5. Gender Justice and Evidence Law
   • Impact of evidence law on gender equality and fairness in trials.
   • Reforms needed to address gender-specific concerns in evidence rules.
6. The Doctrine of Burden of Proof
   • Evolution of the burden of proof in various legal contexts.
   • Analysis of shifting burdens in criminal and civil cases under the Evidence Act.
7. Presumptions under the Indian Evidence Act
   • Examination of statutory presumptions and judicial interpretations.
   • Their role in simplifying legal proceedings and promoting justice.
8. Expert Testimony and Its Legal Weight
   • Legal framework for the use of expert testimony in Indian courts.
   • Challenges in the credibility and admissibility of expert evidence.
9. The Role of Hearsay Evidence
   • Admissibility of hearsay evidence in Indian courts.
   • Reforms to address the challenges posed by hearsay in modern trials.
10. Witness Protection and the Indian Evidence Act
    • Legal protections for witnesses under the Evidence Act.
    • Addressing the challenges of witness intimidation and ensuring their safety.
11. Evidence Law and Human Rights
    • Balancing the need for justice with the protection of human rights.
    • Examining how evidence law aligns with India’s human rights obligations.
12. Emerging Forms of Evidence: Biometric and DNA Evidence
    • Legal issues surrounding the use of biometric data and DNA in evidence law.
    • The future of genetic evidence in criminal investigations and trials.
13. Reforming Evidence Law for the Digital Age
    • Proposals for modernizing the Evidence Act to accommodate technological advancements.
    • Reforms needed to handle data privacy, cybersecurity, and digital trials.
14. Comparative Study of Evidence Law
    • Comparative analysis between the Indian Evidence Act and evidence laws in other common law jurisdictions.
    • Insights from global legal systems to improve Indian evidence law.
15. The Future of Evidence Law in India: Challenges and Opportunities
    • Analyzing the key challenges in applying the Evidence Act in the coming years.
    • Exploring opportunities for reform to strengthen the legal system in India.

Submission Guidelines

• Abstracts: Prospective contributors are requested to submit abstracts (250-350 words) delineating the proposed topic, research methodology, and key arguments.
• Full Papers: Upon acceptance of abstracts, authors will be invited to submit full papers (5,000-8,000 words excluding references) conforming to prescribed formatting guidelines.
• Font Style- Times New Roman, Font Size- 14 for Headings and 12 for Main body text.
• Chapters having at least 2-page references, single column.
• Citation Format- ILI Style. Authorship is limited to not more than 2 authors.
• Language: Contributions are accepted exclusively in English.
• The permissible limit for plagiarism is 10%. Beyond that, the work will lead to disqualification.
• Co-Authorship: Co-Authorship is allowed. However, there can be a maximum of two authors.

How to Submit?

All submissions are to be made via e-mail at – callforchapters009@gmail.com

Publication Details

• The edited volume is slated for publication by Whitesmann Publishing House.
• All contributions will undergo rigorous peer review prior to final acceptance.
• Authors of accepted papers will receive detailed feedback from both peer reviewers and the editorial team.
• There are no publication fee charges.
• Last date for Submission of Abstract 24^th February, 2025
• Acceptance of abstract 12^th March, 2025
• Last date for Submission of full chapter/chapters 20^th April, 2025.
• Publication date: First Week of May, 2025

Editorial Team

• Mr. Aditya Pratap Singh, Assistant Professor, School of Law, Raffles University, Neemrana.
• Dr. Pradip Kumar Kashyap, Assistant Professor, School of Law, Raffles University, Neemrana.
• Dr, Vibha Srivastava, Assistant Professor, School of Law, Raffles University, Neemrana.