The Bharatiya Sakshya Adhiniyam, 2023 and Indian Evidence Act, 1872 (1 of 1872)

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Description
The general laws relating to Criminal Justice System i.e. criminal procedure, penal code and evidence law have been replaced by the new Sanhitas and Adhiniyam. The new laws that are the Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 which will come into force from 01 July 2024, while reforming procedure and substantive laws also pose challenges before various duty holders and professionals for effective and efficient adaptation. Making it further complex, the cases or proceedings pending before 01 July 2024, are suppose to continue as per the earlier law by effect of a deeming saving clause. Resultantly, the Courts, Legal Professionals, Police and all the relevant stakeholders will have to apply two laws and refer to distinct provisions in their day to day working.
To help in this process, it will be essential to refer to the old law, understand what has been repealed or substituted and what has been added. To help in this process, this compilation or edited version, provides for a comparative analysis of the earlier laws and new laws. The provisions dealing with same or similar subject or procedure have been provided side by side for easy comparison and analysis.
To help understand changes brought by the new laws, emphasis by way of underlining or bold with italics have been added.
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Table of Contents
Indian Evidence Act, 1872 (1 of 1872)
PART I  RELEVANCY OF FACTS
Chapter 01:     Preliminary
Chapter 02:     Of The Relevancy of Facts
PART II  ON PROOF
Chapter 03:     Facts Which Need Not Be Proved
Chapter 04:     Of Oral Evidence
Chapter 05:     Of Documentary Evidence
Chapter 06:     of the Exclusion of Oral By Documentary Evidence
PART III  PRODUCTION AND EFFECT OF EVIDENCE
Chapter 07:     Of the Burden Of Proof
Chapter 08:     Estoppel
Chapter 09:     Of Witnesses
Chapter 10:     Of the Examination of Witnesses
Chapter 11:     Of Improper Admission and Rejection of Evidence
Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)
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
Bharat P. Maheshwari is a retired Principal District and Sessions Judge of the Higher Judicial Services in Madhya Pradesh.
He has authored several books on legal subjects, particularly focusing on major criminal laws. After retirement in the year 2015, he served as the Law Officer to the Hon'ble Governor of Madhya Pradesh for five years.