The Bharatiya Sakshya Adhiniyam (BSA), 2023

 

The Bharatiya Sakshya Adhiniyam (BSA), 2023 is India's updated evidence law, replacing the colonial-era Indian Evidence Act of 1872. Enacted alongside the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), it came into force on July 1, 2024, aiming to modernize the legal framework in line with technological advancements and contemporary societal needs.

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📘 Key Features of the Bharatiya Sakshya Adhiniyam, 2023

1. Recognition of Digital and Electronic Evidence

• The BSA explicitly includes electronic records—such as emails, server logs, text messages, and social media posts—within the definition of "documents" and "evidence."

• These digital records are now considered primary evidence, provided they meet standards of authenticity and integrity.

• The Act introduces advanced forensic techniques, like cryptographic hash values, to authenticate digital records, ensuring their reliability in legal proceedings. 

2. Expanded Scope of Secondary Evidence

• The definition of secondary evidence has been broadened to include oral and written admissions, as well as expert analyses of documents that cannot be conveniently examined in court.

• This expansion facilitates the admissibility of various forms of evidence, enhancing the flexibility and efficiency of legal proceedings. 

3. Enhanced Witness Protection Measures

• The BSA provides robust protections for witnesses, including provisions for anonymity, relocation, and security arrangements in sensitive cases.

• It allows for testimony via video conferencing, especially for vulnerable witnesses like children or victims of sexual offenses, reducing potential trauma and ensuring their safety. 

4. Modernized Language and Terminology

• The Act replaces archaic colonial terms with contemporary, gender-sensitive language, making the law more accessible and reflective of modern values.

• For instance, terms like "lunatic" have been replaced with "person of unsound mind," and "vakil" or "pleader" with "advocate." 

5. Revised Provisions on Confessions and Custodial Statements

• Confessions made under inducement, threat, or coercion are deemed inadmissible, reinforcing the rights of the accused.

• The Act maintains that information obtained from an accused in police custody is admissible only if it directly relates to a fact discovered, ensuring a balance between effective law enforcement and individual rights. 

⚖️ Structural and Procedural Updates

• The BSA comprises 170 sections, introducing new provisions and modifying existing ones to align with current legal requirements.

• It harmonizes with the Information Technology Act, 2000, ensuring consistency in the treatment of electronic records across different legal statutes.