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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A forensic auditor for Kaveri Agro Ltd is preparing evidence for an arbitration between the company and a supplier over forged delivery challans. The client asks whether the strict rules of the Bharatiya Sakshya Adhiniyam, 2023 bind the arbitrator. What is correct?

The Adhiniyam does not apply to proceedings before an arbitrator. It applies to all judicial proceedings in or before any Court, including Courts-martial, but excludes affidavits and arbitral proceedings, so the arbitrator is not strictly bound by it.

  1. AYes, the Adhiniyam applies to all proceedings before an arbitrator
  2. BYes, but only for documentary evidence
  3. CNo, the Adhiniyam applies to judicial proceedings in or before any Court and does not apply to proceedings before an arbitratorCorrect
  4. DNo, because it applies only to criminal courts

Explanation

The application provision says the Adhiniyam applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits nor to proceedings before an arbitrator. It is not limited to criminal courts, so that option is wrong.

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