Bharatiya Sakshya Adhiniyam, 2023 (Evidence)

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Description
The newly enacted Bharatiya Sakshya Adhiniyam, 2023 (BSA for short) repealed and replaced the Indian Evidence Act, 1872. Since significant developments have taken place since Independence, sociologically and scientifically, the provisions of the Act of 1872 increasingly required a thorough overhaul so as to incorporate the sociological and technological advancements in the Act of 1872. The result is the present Bharatiya Sakshya Adhiniyam, 2023.
The impact of technological advancements in the field of information technology like electronic or digital records, emails, server logs, computers, smartphones, laptops, SMS, websites, locational evidence, mails and messages on devices on criminal justice has been recognised, and necessary provisions have been made in the Adhiniyam. Digitalisation of criminal process from FIR to case diary, case diary to charge-sheet and charge-sheet to judgment as also videography of search and seizure have been emphasised and provided.
BSA, replacing the Indian Evidence Act, now has 170 sections instead of the earlier 167, changing 23 sections, adding 1 new section and repealing 5 sections. Emphasising the importance and role of information technology, BSA enlarges the definition of document to include electronic records and recognises it as primary evidence. It also permits depositions, examination and cross-examination of accused and witnesses through video conferencing.
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Table of Contents
Part I
Chapter 1. Preliminary
Part II
Chapter 2. Relevancy of Facts
Part III On Proof
Chapter 3. Facts which Need not be Proved
Chapter 4. of Oral Evidence
Chapter 5. of Documentary Evidence
Chapter 6. of the Exclusion of Oral by Documentary Evidence
Part IV Production  and Effect of Evidence
Chapter 7. Of the Burden of Proof
Chapter 8. Estoppel
Chapter 9. Of Witnesses
Chapter 10. Of Examination of Witnesses
Chapter 11. Of Improper Admission and Rejection of Evidence
Chapter 12. Repeal and Savings
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Author Details
J.K Verma