Clutching at Straws: BSA and Evidence Act Help Needed
evidence clat_ug beginner resource_requestI've been trying to cover the basics of BSA and Evidence Act for CLAT UG but somehow I'm just not grasping it. I've been following the notes provided by LawSikho, they're helpful but kinda superficial. Watched some YouTube videos by Sagar Sabharwal sir, his lectures are okay but hard to retain. Tried to study from some sample questions in Dr. O.P. Gupta's book, but those questions are super tough and not a great way to learn. Also, I've been trying to read the bare act but it's dry and overwhelming. I need some real study materials that I can actually learn from. Has anyone else had similar issues? Do you have any book/notes/video recommendations that can make a difference?
3 Comments
Maine to bhai, I think u r clutching at straws here. BSA 2006 is a procedural amendment, kya evidence Act se bhi kaam nahi karega? Section 3 of Evidence Act says last part of the document, if incomplete, still admissible. U need to look at the entire act, not just this one amendment.
Arre yaar, don't worry! Section 3 of the Evidence Act says, 'The burden of proving the defense is on the accused'. In BSA cases, clutching at straws mein kuch nahin hai. If you're relying on a suspicious circumstance, it's an exception to the general principle of burden of proof, but it's a weak exception. Need more facts, yaar! What's the exact case scenario?
Kya hua bhai! "Clutching at straws" suggests last-ditch efforts. In this context, I think BSA (Best Evidence Rule) can be of help. According to Sec 62, if a person is unable to give evidence due to some reason, the court can consider secondary evidence like certified copies of documents. But, we need to see if there are any exceptions applicable in the case. Let's get more details!