International Journal For Multidisciplinary Research

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Volume 8 Issue 3
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Evidentiary Value Of The Testimony: A Comparative Analysis Of The Muslim Law And Indian Criminal Justice System

Author(s) Ms. Rachana Singh, Ms. Ananya Srivastava
Country India
Abstract The present paper compares the evidentiary value of the testimony in Muslim law with the Bharatiya Sakshya Adhiniyam, 2023, which has superseded the Indian Evidence Act, 1872. Testimony is fundamental for judicial proceedings, as well as for religious practice, where it is a duty and moral obligation. The Qur'an, Sunnah, and consensus of scholars all hold a prominent place for testimony (shahādah) in Muslim law, which highlights the importance of truthfulness, justice, and spiritual responsibility. There are different levels of interpretation on the issue of competency of witnesses, gender and procedural requirements in the four major Sunni schools. The Indian law, on the other hand, is a secular approach with gender neutrality so that all competent persons can be called to give evidence irrespective of their religion. The BSA 2023 offers a number of big changes, such as the electronic testimony and video conferencing options, and the ability to take digital evidence as the first evidence. Although Muslim law gives greater weight to direct oral testimony, this law's requirements are more stringent, including the need for four male witnesses for hudud cases, as compared to Indian law, which also recognizes the use of circumstantial evidence and the extensive position protection procedures. In both, the only thing required for the establishment of justice is honesty (and integrity) of witnesses. The comparative study reveals the challenges of balancing moral duties with legal obligations in order to maintain social peace and public confidence in the rule of law in legal traditions.
Keywords Testimony, Shahadah, Bharatiya Sakshya Adhiniyam, Witness competency, Cross-examination, Electronic evidence
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-06-12
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