Bharatiya Sakshya Adhiniyam, 2023 - Supreme Court Quarterly Digest Jan - Mar, 2026

Admissibility of Documents – Mode of Proof – Distinction between an objection to the "admissibility" of a document and its "mode of proof" - A prompt objection to the mode of proof (e.g., producing photocopies instead of originals) is necessary to allow the party tendering the evidence an opportunity to cure the defect – Noted that in this case, the appellant categorically denied the photocopies and filed applications for the production of originals and cross-examination, which the Commission failed to address - The Supreme Court found the award of ₹2,00,00,000/- unjustified as the respondent failed to establish actual financial loss or a causal link between the haircut and lost career opportunities - The appeal was partially allowed, restricting the compensation to the ₹25,00,000/- already released to the respondent. [Relied on Malay Kumar Ganguly v. Dr. Sukumar Mukherjee and others (2009) 9 SCC 221; Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P. Temple and another (2003) 8 SCC 75; Dr. J.J. Merchant and others v. Shrinath Chaturvedi (2002) 6 SCC 635; Paras 17-22] ITC Limited v. Aashna Roy, 2026 LiveLaw (SC) 129 : 2026 INSC 135 : AIR 2026 SC 860

Admissibility of Evidence Collected in Illegal Search – Rule of Relevancy – Even if a search is conducted in infraction of statutory procedures (such as Section 30 of the PCPNDT Act), the materials or records seized during such search are not automatically discarded. Materials gathered in an illegal search remain admissible in evidence subject to the test of relevancy and genuineness – Noted that Court must, however, examine such evidence with greater care. [Paras 50 - 52] Dr. Naresh Kumar Garg v. State of Haryana, 2026 LiveLaw (SC) 186 : 2026 INSC 176 : 2026 (1) Crimes (SC) 329

Circumstantial Evidence — Five Golden Principles — For a conviction based solely on circumstantial evidence, the conditions outlined in Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116 must be fulfilled - These include: (1) circumstances from which guilt is drawn must be fully established; (2) facts must be consistent only with the hypothesis of guilt; (3) circumstances must be of a conclusive nature; (4) they must exclude every possible hypothesis except guilt; and (5) the chain of evidence must be so complete as to leave no reasonable ground for the conclusion of innocence. Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Circumstantial Evidence – Last Seen Together Theory – Noted that prosecution's "last seen" theory failed due to significant inconsistencies and interpolations in police records regarding the date and time of the accused's prior arrest for a different matter - noted that the child allegedly went missing while the accused may have already been in police custody - Where the investigation is "botched" and "inept," leaving the chain of circumstances incomplete and failing to eliminate other hypotheses, the accused is entitled to the benefit of doubt - Conviction set aside. [Relied on Dharam Deo Yadav v. State of Uttar Pradesh (2014) 5 SCC 509; Jaffar Hussain Dastagir v. State of Maharashtra (1969) 2 SCC 872; Ramkishan Mithanlal Sharma v. State of Bombay (1954) 2 SCC 516; Paras 10-20] Rohit Jangde v. State of Chhattisgarh, 2026 LiveLaw (SC) 164 : 2026 INSC 162 : AIR 2026 SC 1095

Consumer Law - Applicability of Indian Evidence Act – Held that the Indian Evidence Act (now Bharatiya Sakshya Adhiniyam) is not strictly applicable to Consumer Forums, the Principles of Natural Justice must be followed - If a party seeks to cross-examine a witness or expert whose affidavit is on record, the Commission should evolve a procedure to permit such cross-examination—via written questions, video conferencing, or a court-appointed Commission to ensure fair play. ITC Limited v. Aashna Roy, 2026 LiveLaw (SC) 129 : 2026 INSC 135 : AIR 2026 SC 860

Consumer Law - Evidence and Proof – Challenge to the National Consumer Disputes Redressal Commission (NCDRC) order awarding ₹2,00,00,000/- compensation for a faulty haircut – Held that while the finding of deficiency in service was upheld in the first round of litigation, the quantum of compensation must be based on "material evidence and not on the mere asking" - Compensation to the tune of crores cannot be awarded based on unauthenticated photocopies of documents, especially when their authenticity is denied by the opposite party. ITC Limited v. Aashna Roy, 2026 LiveLaw (SC) 129 : 2026 INSC 135 : AIR 2026 SC 860

Distinction between "Preparation" and "Attempt" – Section 376 r/w Section 511 of the IPC and Section 18 of the POCSO Act – The Supreme Court set aside an Allahabad High Court order that had downgraded a summons from "attempt to commit rape" to a lesser charge of Section 354B IPC - held that when accused persons act with pre-determined intent, execute mens rea through overt acts (such as dragging a victim toward a culvert), and are only stopped by the intervention of third parties, the stage of "preparation" has concluded and an "attempt" has commenced. In Re: Order Dated 17.03.2025 Passed by the High Court of Judicature at Allahabad, 2026 LiveLaw (SC) 168 : 2026 INSC 165

Documentary and Electronic Evidence - Delay - Important Observations on Incarceration & Procedural Delay - i. Attribution of Delay - noted that procedural history did not support the claim that delay was solely due to prosecutorial or judicial inaction. It observed that at various stages, the prosecution was ready to proceed, while the defense raised objections, requested deferments, or filed successive applications; ii. Complexity of the Case - noting the volume of documentary and electronic evidence and the nature of the "structured and continuing conspiracy," noted that the proceedings are inherently time-consuming; iii. Threshold for Constitutional Intervention- held that for constitutional intervention to override a statutory embargo, there must be a finding that continued detention has become "punitive or unconscionable". [Relied on Union of India v. K.A. Najeeb (2021) 3 SCC 713; National Investigation Agency v. Zahoor Ahmad Shah Watali (2019) 5 SCC 1; Union of India v. Saleem Khan (2025) SCC OnLine SC 1754; Paras 104-106, 387-390, 430, 431] Gulfisha Fatima v. State (Govt of NCT of Delhi), 2026 LiveLaw (SC) 1 : 2026 INSC 2 : 2026 1 Crimes (SC) 32

Evidence and Pleadings – Oral Evidence vs. Pleadings – Supreme Court noted that a party asserting a competing claim to hereditary rights must specifically plead material particulars, such as when they entered possession and when obstruction began - The Appellants' written statement was silent on these aspects – Noted that the settled legal principle that oral evidence cannot serve as a substitute for pleadings, and a case not made out in the pleadings cannot be established through evidence alone. [Para 23] Ogeppa v. Sahebgouda, 2026 LiveLaw (SC) 198 : 2026 INSC 191

Evidentiary Value of Confessional Statements – noted that the conviction was not based solely on confessions, but was supported by the discovery of incriminating material (contraband and money) documented via panchnamas - Such discoveries constitute independent and relevant evidence under Sections 6, 10, and 11 of the Evidence Act. Amad Noormamad Bakali v. State of Gujarat, 2026 LiveLaw (SC) 190 : 2026 INSC 180

Fabricated Evidence – The Supreme Court set aside the NCDRC order that had partially allowed an insurance claim despite evidence of fraud - held that once a claim is established to be founded on fraud, the entire claim collapses, and no relief partial or equitable can be granted - Key Findings: i. Deliberate Arson: Forensic analysis (Truth Labs) identified hydrocarbon residues (kerosene) at the seat of the fire, while electrical examinations ruled out a short circuit; ii. Fabricated Evidence: The respondent relied on invoices from non-existent or unrelated suppliers and manipulated VAT returns to inflate the claim; iii. Suspicious Proximity: The enhancement of insurance coverage and procurement of an additional policy occurred in close proximity to the fire incident, raising serious doubts about the bona fides of the claim; iv. Legal Principle: Fraud vitiates all solemn acts - An insurance contract cannot be used as an instrument for unjust enrichment - directed the Commissioner of Police, Ahmedabad, to form a Special Investigation Team (SIT) to investigate the orchestrated fraud. [Relied on S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1; A.V. Papayya Sastry v. Government of Andhra Pradesh (2007) 4 SCC 221; Paras 15-26] United India Insurance Co. Ltd. v. Sayona Colors Pvt. Ltd., 2026 LiveLaw (SC) 303 : 2026 INSC 287

Forensic Science Laboratory (FSL) Report – Chain of Custody – Sanctity of Samples. For an FSL report to be reliable, the prosecution must prove an unbroken chain of custody from seizure to laboratory - In this case, contradictions between the Malkhana In-charge and Carrier Constable regarding the dates the samples were sent and returned from the FSL (due to unspecified "defects") breached the chain of custody – Noted that even if blood groups match, this circumstance in isolation cannot link the accused to the crime without other cogent evidence. [Relied on Karandeep Sharma alias Razia alias Raju v. State of Uttarakhand 2025 SCC OnLine SC 773; Paras 41-44] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217

Identification of Decomposed Body — Medical Jurisprudence — Absence of DNA testing does not vitiate identification when credible and consistent testimonies of witnesses who knew the deceased personally are available - Relying on Modi's Textbook of Medical Jurisprudence and Toxicology, Supreme Court noted that putrefaction in water is slower than in air, especially when the body is protected by clothing - Identification based on clothing and recognizable facial features by familial and close witnesses is legally sustainable. Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Last Seen Together Theory — Proximity to Death — Held: For the "last seen together" theory to hold weight, it must be proximate to the time of death – Noted that in this case, there was no proof the deceased was with the accused immediately before death, and the identification of the accused by an auto-driver in a police station (without a Test Identification Parade) was unreliable. [Paras 13-15] Bernard Lyngdoh Phawa v. State of Meghalaya, 2026 LiveLaw (SC) 84 : 2026 INSC 85 : 2026 (1) Crimes (SC) 230

Medical Evidence vs. Ocular Testimony — Victim Anonymity — Section 228-A IPC — Held that medical evidence is corroborative and an expert opinion - While it may be ignored if it contradicts credible ocular evidence, in this case, the medical findings of lacerated wounds and a torn hymen squarely supported the victim's version - Supreme Court deprecated the practice of freely using the victim's name in court records, despite the 1983 amendment and subsequent mandates intended to prevent social stigma - Directed all Registrars General of High Courts to ensure strict compliance with the proscription of disclosing a victim's identity. [Relied on State of Rajasthan v. Chatra (2025) 8 SCC 613; State of M.P. v. Balveer Singh (2025) 8 SCC 545; State of Himachal Pradesh v. Manga Singh (2019) 16 SCC 759; State of U.P. v. Ajmal Beg 2025 SCC OnLine SC 2801; State of U.P. v. M. K. Anthony (1985) 1 SCC 505; Para 12- 15] State of Himachal Pradesh v. Hukum Chand @ Monu, 2026 LiveLaw (SC) 294 : 2026 INSC 290

Motive in Circumstantial Evidence — While motive is significant in cases of circumstantial evidence, it is not an absolute necessity when the chain of circumstances is otherwise complete - Failure to prove motive is not fatal to the prosecution's case if the facts clearly point to the accused's guilt - A delay of three days in lodging a missing person report is neither excessive nor unusual, as family members often conduct their own search before approaching the police; such delay does not, by itself, vitiate the prosecution's case – Appeal dismissed. [Relied on: Mulakh Raj and Others vs. Satish Kumar and Others (1992) 3 SCC 43; Paras 13-17, 20-29] Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Ocular Evidence vs. Unnatural Conduct – held that the testimony of related witnesses (brother, son, and nephews of the deceased) could not be discarded merely because they failed to intervene or take the victim to the hospital after the shooting - Such "unnatural behavior" does not invalidate their evidence when consistent with other facts, such as the established political rivalry and the forensic evidence of multiple gunshot wounds. [Paras 11 - 15] Dablu v. State of Madhya Pradesh, 2026 LiveLaw (SC) 238 : 2026 INSC 224 : AIR 2026 SC 1319

Production of Material Objects – Tainted Currency Notes – The appellant argued that the failure to produce tainted currency notes before the Court was fatal to the prosecution - Supreme Court dismissed this contention as it was raised for the first time during oral arguments at the Supreme Court and was never pleaded in the Trial Court, High Court, or the Special Leave Petition. Raj Bahadur Singh v. State of Uttarakhand, 2026 LiveLaw (SC) 242 : 2026 INSC 239 : AIR 2026 SC 1506

Witness Testimony – Hostile Witnesses – The testimony of "hostile" independent witnesses cannot be discarded in toto - Supreme Court must consider parts of the testimony that are creditworthy and corroborated by other evidence, such as the Trap Laying Officer's account and the recovery of marked currency. [Relied on Neeraj Dutta v. State (Govt. of NCT of Delhi), (2023) 4 SCC 731; Prakash Chand v. State (Delhi Administration), (1979) 3 SCC 90; State of Bihar v. Basawan Singh, AIR 1958 SC 500; Himachal Pradesh Administration v. Shri Om Prakash, (1972) 1 SCC 249; Paras 15-30] Central Bureau of Investigation v. Baljeet Singh, 2026 LiveLaw (SC) 228 : 2026 INSC 221

Section 6 - Motive, preparation and previous or subsequent conduct

Section 8 IEA – Admissibility as Conduct – Even if a recovery is not admissible under Section 27 due to a lack of formal custody, the fact that the accused led the police to a location where incriminating items were found can be admitted as "conduct" under Section 8 - such evidence is considered "weak" and can only offer corroboration; it cannot, by itself, result in a conviction without other proven links in the chain of circumstances. Rohit Jangde v. State of Chhattisgarh, 2026 LiveLaw (SC) 164 : 2026 INSC 162 : AIR 2026 SC 1095

Section 8 IEA – Prevention of Corruption Act, 1988 – Section 7 – Penal Code, 1860 – Section 120B – Criminal Conspiracy – Demand and Acceptance of Bribe – Individual Liability vs. Collective Culpability – The Supreme Court held that even if a charge of criminal conspiracy (Section 120B IPC) fails due to lack of evidence regarding a prior meeting of minds or demand by one of the accused, the other accused can still be independently convicted for demand and acceptance under Section 7 of the PC Act if the evidence specifically establishes their individual role - The conduct of an accused person—such as turning pale, remaining "mum," or attempting to escape/dispose of the bribe money when challenged by the Trap Laying Officer—is admissible as relevant conduct under Section 8 of the Evidence Act. Central Bureau of Investigation v. Baljeet Singh, 2026 LiveLaw (SC) 228 : 2026 INSC 221

Section 22 - Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

Sections 24, 30, or 34 IEA - Smuggling of foreign wrist watches – Admissibility of Section 108 statements – Sentencing – Reduction of sentence to period already undergone – The Supreme Court affirmed the conviction of the appellants for the illegal import and handling of 777 foreign-made wrist watches and 879 straps - upheld the High Court's finding that statements recorded by Customs Officers under Section 108 are substantive pieces of evidence and are not barred by Sections 24, 30, or 34 of the Indian Evidence Act, 1872, provided they are voluntary. Amad Noormamad Bakali v. State of Gujarat, 2026 LiveLaw (SC) 190 : 2026 INSC 180

Section 23 - Confession to police officer

Section 27 IEA — Circumstantial Evidence — Conviction Upheld — The Supreme Court dismissed the appeal against concurrent findings of conviction in a case of abduction, ransom, and murder - held that the prosecution successfully established an unbroken chain of circumstances, including the recovery of the deceased's body and her vehicle at the specific disclosure of the appellant. Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Section 27 IEA — Discovery of Fact — Doctrine of Confirmation by Subsequent Events — Section 27 is a proviso to Sections 25 and 26 - The "fact discovered" embraces not merely the object recovered, but the place from which it is produced and the knowledge of the accused as to its existence - The actual discovery of the body from the exact location disclosed by the appellant (a well) serves as a guarantee of the truthfulness of the information supplied. Neelu @ Nilesh Koshti v. State of Madhya Pradesh, 2026 LiveLaw (SC) 179 : 2026 INSC 173 : AIR 2026 SC 1085

Section 27 IEA – Recovery of remnants of deceased – Requirement of "Custody" – Information leading to a discovery is admissible under Section 27 only if it comes from a person who is in the custody of the police at the time the statement is made - In the present case, the Section 27 memorandum was drawn at 10:30 AM on 13.10.2018, whereas the formal arrest of the accused occurred later that night at 22:00 hrs - As the accused was not in police custody when the statement was made, the recovery cannot be brought under the ambit of Section 27. Rohit Jangde v. State of Chhattisgarh, 2026 LiveLaw (SC) 164 : 2026 INSC 162 : AIR 2026 SC 1095

Section 27 IEA [Proviso to Section 23 of BSA, 2023] – Recovery of currency notes and blood-stained shirt – Reliability - Currency Notes: A discrepancy in the amount recovered (Rs. 46,000/- vs Rs. 46,145/- counted in Court) casts a "grave cloud of doubt" on the factum of recovery - Mere recovery of money, without a clear nexus to the crime, is not an incriminating circumstance – Noted that it "highly improbable and unnatural" that an accused, who was at liberty for days, would meticulously conceal a blood-stained shirt in an iron box rather than destroying it or washing it. Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217

Section 27 IEA — Recovery of Weapon and Discovery of Body — Held: Recoveries made from open spaces or crime scenes already searched (like a graveyard) without a recorded disclosure statement are suspect - Since the rope was not linked to the crime through forensic evidence (no blood, skin, or hair detected), it failed as an incriminating circumstance. [Paras 17-19] Bernard Lyngdoh Phawa v. State of Meghalaya, 2026 LiveLaw (SC) 84 : 2026 INSC 85 : 2026 (1) Crimes (SC) 230

Section 26 - Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Section 32 IEA – Dying Declaration – Credibility and Corroboration – held that a dying declaration, if found to be true and voluntary, can form the sole basis for conviction without any further corroboration – Held that High Court erred in discarding a dying declaration recorded by a Tehsildar (PW-1) after obtaining a medical certificate of fitness - Discrepancies regarding the exact time of the Tehsildar's arrival at the hospital were minor and did not justify discarding a clear and consistent statement by the deceased identifying her husband as the perpetrator. State of Himachal Pradesh v. Chaman Lal, 2026 LiveLaw (SC) 48 : 2026 INSC 57 : 2026 1 Crimes (SC) 131 : 2026 CriLJ 823

Section 32 IEA - Dying Declaration – Conviction on the sole basis of dying declaration – Requirements and Caution - Held: While a dying declaration is a crucial piece of evidence that can form the sole basis for conviction without corroboration, it must inspire full confidence in the Court – Supreme Court must be satisfied that the deceased was in a fit state of mind, and the statement was not the result of tutoring, prompting, or imagination - If the declaration is suspicious or the deceased's physical/mental capacity is in doubt, it should not be acted upon without corroborative evidence - In the present case, multiple inconsistencies, the presence of interested relatives during recording, and the lack of medical certification regarding the victim's fit state of mind rendered the declarations unreliable. Sanjay Kumar Sharma v. State of Bihar, 2026 LiveLaw (SC) 230 : 2026 INSC 223

Section 32 IEA - Dying Declaration - Reliability of Dying Declaration in cases of high percentage of burns - Conviction Upheld – The Supreme Court upheld the High Court's reversal of an acquittal, affirming the conviction of the appellant for murdering his wife by pouring kerosene and setting her on fire - held that even with 80-90% burn injuries, a dying declaration is reliable if the attending doctors certify the patient was in a fit and conscious state to make a statement - The evidence of the victim's daughter (PW-3), who was an eyewitness to the appellant fetching kerosene and setting the deceased on fire, was found to be "clinchingly" credible - Supreme Court dismissed the defense's argument regarding inconsistencies in witness testimonies (PW-7 and PW-16), noting that the professional medical opinion of the treating doctors (PW-10 and PW-11) carries more weight regarding the deceased's mental capacity than the contradictory statements of other witnesses - noted that a mere discrepancy in the investigation officer's statements would not discredit the dying declaration when the doctor has approved the deceased's fit state of mind to give statements. [Paras 11-23] Subramani v. State of Karnataka, 2026 LiveLaw (SC) 255 : 2026 INSC 249

Section 58 - Secondary evidence

Sections 63, 64, and 65 IEA – Admissibility of Secondary Evidence – Photocopy of Power of Attorney – Primary evidence is the "best evidence" rule, and secondary evidence is an exception admissible only upon laying a factual foundation. A photocopy is a mechanical copy and constitutes secondary evidence - It cannot be admitted as evidence unless the party establishes the legal right to lead secondary evidence by proving the original's existence and providing valid reasons for its non-production under the specific exceptions of Section 65 - A photocopy is no evidence unless proved by following the prescribed procedure. [Paras 20 - 23] Tharammel Peethambaran v. T. Ushakrishnan, 2026 LiveLaw (SC) 128 : 2026 INSC 134 : AIR 2026 SC 938

Section 63 - Admissibility of electronic records

Section 65-B IEA [Section 63 of BSA, 2023] – Admissibility of Electronic Evidence (Call Detail Records) – Held that the certificate required under Section 65-B(4) is a condition precedent to the admissibility of electronic records. Oral evidence cannot substitute this mandatory requirement - Since the prosecution failed to prove the Section 65-B certificate, the CDRs indicating frequent contact between the accused were rendered inadmissible. [Relied on Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473; Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1; Paras 49-52] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217

Section 65-B IEA – Penal Code, 1860 – Sections 302/34 and 201 [Sections 103(1)/3(5) and 238 of BNS, 2023] – Circumstantial Evidence – Recovery of Articles – Call Detail Records (CDR) – Conviction based on circumstantial evidence – Requirements for conviction – Held that the "Panchsheel" principles governing circumstantial evidence - To sustain a conviction, the circumstances must be fully established and form a complete chain that excludes every possible hypothesis except the guilt of the accused - The mental distance between "may be guilty" and "must be guilty" is long and divides vague conjectures from sure conclusions. [Relied on harad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116; Paras 27-28] Pooranmal v. State of Rajasthan, 2026 LiveLaw (SC) 227 : 2026 INSC 217

Section 84 - Presumption as to powers-of-attorney

Section 85 IEA – Registration Act, 1908 – Section 33 – Presumption as to Power of Attorney – The presumption of valid execution and authentication under Section 85 of the Evidence Act or Section 33 of the Registration Act applies only when the original document or legally admitted secondary evidence is produced - In the absence of an original or properly adduced secondary evidence, it is impermissible to apply these sections to conclude the extent of authority granted to an agent. [Para 23] Tharammel Peethambaran v. T. Ushakrishnan, 2026 LiveLaw (SC) 128 : 2026 INSC 134 : AIR 2026 SC 938

Section 94 - Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

Sections 91 and 92 IEA – Admissibility of Oral Evidence – Where the terms of a written registered document are clear and unambiguous, extrinsic evidence to ascertain the true intention of the parties is inadmissible - While oral evidence may be admissible to show a document is a "sham," the threshold for such a claim is extremely high and must be supported by strong evidence of surrounding circumstances, not subsequent conduct - Supreme Court suggested an urgent need for the Union and State Governments to digitize land records and registered documents using secure, tamper-proof technologies like Blockchain to minimize forgery and "clever drafting" that clogs the judicial system – Appeal allowed. [Relied on Prem Singh and Ors. vs. Birbal and Ors., (2006) 5 SCC 353; Rattan Singh and Ors. v. Nirmal Gill & Ors., (2021) 15 SCC 300; Gangabai w/o Rambilas Gilda (Smt.) vs. Chhabubai w/o Pukharajji Gandhi (Smt.), (1982) 1 SCC 4; Paras 35, 41-47, 76, 77] Hemalatha v. Tukaram, 2026 LiveLaw (SC) 79 : 2026 INSC 82

Section 95 - Exclusion of evidence of oral agreement

Sections 92 and 94 IEA – Admissibility of Extrinsic Evidence – Supreme Court emphasized that when the language of a contract is plain and applies accurately to existing facts, evidence cannot be given to show it was not meant to apply to such facts - under Section 92, factual context and correspondences between parties can be used to make ambiguous terms certain. [Paras 21-22] WB State Electricity Distribution v. Adhunik Power & Natural Resource, 2026 LiveLaw (SC) 213 : 2026 INSC 202

Section 118 - Presumption as to dowry death

Section 118 BSA — Parameters for Granting Bail in Serious Offenses — The Supreme Court emphasized that while considering a bail application in cases of dowry death, the High Court must consider: (i) the nature of the crime; (ii) the prescribed punishment; (iii) the relationship between the parties; (iv) the place of incident; (v) the postmortem report; and (vi) the statutory presumption of commission of offense – Held that under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, if a woman is subjected to cruelty or harassment for dowry soon before her death, the Court shall presume the person caused the dowry death. [Paras 15-20] Chetram Verma v. State of U.P., 2026 LiveLaw (SC) 141

Section 118 BSA — Dowry Death — Grant of Bail — Sustainability of High Court Order — Supreme Court set aside the Allahabad High Court's order granting bail to the husband in a dowry death case where the marriage lasted only three months and the cause of death was asphyxia due to strangulation – Noted that the High Court failed to consider the gravity of the offense and the statutory presumption under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (erstwhile Section 113-B of the Evidence Act). Chetram Verma v. State of U.P., 2026 LiveLaw (SC) 141