Supreme Court clarifies evidence rules under new BSA law

The Supreme Court, in a series of rulings between January and June 2026, clarified key aspects of evidence law under the new Bharatiya Sakshya Adhiniyam (BSA). LiveLaw reports that the court held the BSA is not strictly applicable to consumer forums, but principles of natural justice must be followed. If a party seeks to cross-examine a witness whose affidavit is on record, the forum should evolve a procedure, via written questions, video conferencing, or a commission, to ensure fair play.

In another ruling, the court reiterated that an affidavit does not constitute 'evidence' under the Indian Evidence Act unless the court passes a specific order under Order XIX of the CPC. The court also laid down the five golden principles for circumstantial evidence, requiring that the chain be complete and exclude every reasonable hypothesis except guilt. It overturned a conviction where the 'last seen' theory failed due to police record inconsistencies, giving the accused benefit of doubt.

The canon of common sense was highlighted as vital for evaluating evidence in criminal trials.