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. 

The Bharatiya Nyaya Sanhita (BNS), 2023

 The Bharatiya Nyaya Sanhita (BNS), 2023 is India's new criminal code, enacted to replace the colonial-era Indian Penal Code (IPC) of 1860. It was passed by Parliament in December 2023 and came into effect on July 1, 2024 .

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📘 Key Highlights of the Bharatiya Nyaya Sanhita, 2023

• Structure: The BNS comprises 20 chapters and 358 sections, maintaining a structure similar to the IPC but with significant updates .

• New Offences Introduced:

  • Organised crime and terrorism are now explicitly defined and penalized.

  • Cybercrime and financial fraud have been incorporated to address modern technological challenges.

  • Environmental pollution and human trafficking are recognized as specific offences.

  • Murder or grievous hurt by a group on certain grounds is now an offence with stringent penalties .

• Sedition Repealed: The colonial-era offence of sedition has been removed. Instead, a new offence addresses acts endangering the sovereignty, unity, and integrity of India .

• Punishment Reforms:

• • Community service has been introduced as a form of punishment for certain offences.

  • Mandatory minimum punishments have been established for 23 offences.

  • Penalties have been increased for 33 offences, and fines have been raised for 83 offences .

• Gender Neutrality: The BNS introduces gender neutrality for perpetrators under Sections 76 and 77, and for victims under Section 141 .

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📚 Related Reforms

The BNS is part of a broader initiative to modernize India's criminal justice system, alongside:

• Bharatiya Nagarik Suraksha Sanhita, 2023: Replaces the Code of Criminal Procedure.

• Bharatiya Sakshya Adhiniyam, 2023: Replaces the Indian Evidence Act.

These reforms aim to create a more efficient, transparent, and citizen-centric legal framework.

Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 114 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the offense of "Hurt".

🔹 Legal Definition

"Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt." 

This provision establishes the basic definition of "hurt" under Indian criminal law, focusing on the physical impact on an individual.

🔍 Key Elements

Bodily Pain: Any physical discomfort or suffering inflicted upon a person.

Disease: The transmission or infliction of any illness or medical condition.

Infirmity: Any impairment of physical or mental health or strength.

It's important to note that this section provides the foundational definition of "hurt" and does not specify punishments. The subsequent sections in the BNS elaborate on offenses related to hurt and their corresponding penalties:

Section 115: Voluntarily causing hurt.

Section 116: Grievous hurt.

Section 117: Voluntarily causing grievous hurt.

Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means.

Section 119: Voluntarily causing hurt or grievous hurt to extort property or to constrain to an illegal act.

Section 120: Voluntarily causing hurt or grievous hurt to extort confession or to compel restoration of property.

Section 121: Voluntarily causing hurt or grievous hurt to deter public servant from his duty.

Section 122: Voluntarily causing hurt or grievous hurt on provocation.

Section 123: Causing hurt by means of poison, etc., with intent to commit an offense.

Section 124: Voluntarily causing grievous hurt by use of acid, etc.

Section 125: Act endangering life or personal safety of others.

These sections provide detailed explanations and stipulate the punishments for various offenses related to hurt.

Section 224 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 224 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of attempting to commit suicide with the intent to compel or restrain a public servant from performing their lawful duties.

🔹 Legal Provision

According to Section 224:

"Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service." 

⚖️ Key Elements

• Act: Attempting to commit suicide.

• Intent: To compel or restrain a public servant from performing their lawful duties.

• Punishment: Simple imprisonment up to one year, or fine, or both, or community service.

🧾 Context and Significance

This provision aims to prevent individuals from using the threat or act of suicide as a means to influence or obstruct public servants in the execution of their official responsibilities. It underscores the importance of allowing public servants to perform their duties without undue pressure or coercion.

Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023

 Section 75 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of sexual harassment. This provision outlines specific acts that, when committed by a man, constitute sexual harassment. It aims to protect individuals, particularly women, from inappropriate and harmful behavior, ensuring accountability for such acts.

🔹 Key Provisions of Section 75

Under Section 75, a man is said to commit sexual harassment if he engages in any of the following acts:

1. Physical contact and advances involving unwelcome and explicit sexual overtures

2. A demand or request for sexual favours

3. Showing pornography against the will of a woman

4. Making sexually coloured remarks

These acts are recognized as offenses under this section, aiming to deter such behavior and provide legal recourse to victims.

⚖️ Legal Classification and Punishment

The legal classification and punishment for offenses under Section 75 vary based on the specific act committed:

• Offense: Sexual harassment involving physical contact, advances, demands for sexual favours, or showing pornography against a woman's will

  • Punishment: Imprisonment up to 3 years, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

• Offense: Making sexually coloured remarks

  • Punishment: Imprisonment up to 1 year, or with fine, or both

  • Cognizable: Yes

  • Bailable: Yes

  • Triable by: Any Magistrate

These classifications ensure that the severity of the punishment corresponds to the nature of the offense committed.

📚 Additional Context

Section 75 is part of Chapter V of the Bharatiya Nyaya Sanhita, 2023, which deals with offenses against women and children, specifically focusing on sexual offenses. This section replaces and updates provisions from the Indian Penal Code (IPC), aligning with contemporary standards to provide clearer legal definitions and stronger protections against sexual harassment.

For a detailed reading of the Bharatiya Nyaya Sanhita, 2023, you can refer to the official document provided by the Ministry of Home Affairs: 

A contract is a promise or set of promises that the law will enforce

 A contract is a legally enforceable agreement between two or more parties that creates mutual obligations.

In simple terms:
👉 A contract is a promise or set of promises that the law will enforce.

For something to be considered a valid contract, it usually needs these key elements:

✅ Offer — One party offers something (goods, services, money, etc.)
✅ Acceptance — The other party agrees to the offer
✅ Consideration — Something of value is exchanged (not always money; it can be a promise, service, or act)
✅ Intention to create legal relations — Both parties intend for the agreement to be legally binding
✅ Capacity — The parties must be legally capable (e.g., of sound mind, not minors)
✅ Legality — The purpose of the contract must be lawful

Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

 

📘 Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Title: Order for Maintenance of Wives, Children, and Parents

Chapter: Chapter X

Corresponding to: Section 125 of the Code of Criminal Procedure (CrPC), 1973

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📝 Key Provisions:

1. Obligation to Maintain:

   • A person with sufficient means who neglects or refuses to maintain:

     • His wife, unable to maintain herself;

     • His legitimate or illegitimate child, whether married or not, unable to maintain itself;

     • His legitimate or illegitimate child (not being a married daughter) who has attained majority but is unable to maintain itself due to physical or mental abnormality or injury;

     • His father or mother, unable to maintain themselves.

2. Magistrate's Authority:

   • A Magistrate of the first class may, upon proof of such neglect or refusal, order the person to make a monthly allowance for the maintenance of the wife, child, father, or mother at a rate the Magistrate deems fit.

3. Interim Maintenance:

   • During the pendency of proceedings, the Magistrate may order the person to make a monthly allowance for interim maintenance and the expenses of the proceedings, which should be disposed of as far as possible within sixty days from the date of service of notice.

4. Enforcement:

   • If the person fails to comply with the order without sufficient cause, the Magistrate may issue a warrant for levying the amount due and may sentence the person to imprisonment for a term which may extend to one month or until payment is made.

5. Conditions for Wife's Entitlement:

   • A wife shall not be entitled to receive maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.

6. Cancellation of Order:

   • On proof that the wife is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent, the Magistrate shall cancel the order.

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⚖️ Comparison with Section 125 CrPC:

Aspect	Section 125 CrPC (1973)	Section 144 BNSS (2023)
Scope of Maintenance	Wife, children, parents	Wife, children, parents
Interim Maintenance	Not explicitly provided	Explicitly provided
Enforcement	Warrant for levy and imprisonment	Warrant for levy and imprisonment
Conditions for Wife's Entitlement	Not specified	Specifies conditions under which a wife is not entitled to maintenance
Cancellation of Order	Not specified	Specifies grounds for cancellation of order