Introduction
Bharatiya Sakshya Adhiniyam, 2023 (BSA) officially took effect on 1 July 2024 after getting approval from both the Lok Sabha and Rajya Sabha. It is a game-changer for India’s legal system, replacing the old Indian Evidence Act of 1872 (IEA) with fresh, modern rules.
Comparison Summary of Bharatiya Sakshya Adhiniyam and Indian Evidence Act
- Indian Evidence Act, 1872 (IEA) provided that it extended to the whole of India, whereas Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of territorial extent.
- The word “Act” is used in IEA the word “Adhiniyam” is used in BSA
- Motive, preparation, and previous or subsequent conduct.- “vakils” is replaced by “advocates” “man” is replaced by “person” and “ravished” is replaced by ” raped”.
- The BSA broadens the definition of “evidence” to encompass statements made electronically and includes electronic and digital records as documentary evidence.
- According to the Indian Evidence Act, documents can be things like writings, maps, and caricatures. The Bharatiya Sakshya Adhinyam 2023 adds that electronic records are also considered documents.
Two types of documentary evidence: primary and secondary.
(I) Primary evidence includes the original document and its parts, like electronic records and video recordings.
(II) Secondary evidence includes documents and oral accounts that can prove what’s in the original document. The BSB keeps this classification.
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- The BSA allows for oral evidence to be given electronically, meaning witnesses, accused persons, and victims can testify through electronic means. Under the IEA, oral evidence includes statements made by witnesses in court.
- A joint trial IEA states that in a joint trial, if one of the accused confesses and it affects the others, it will be treated as a confession against all of them. The BSA explains that if one of the accused has absconded or hasn’t responded to an arrest warrant, it will still be treated as a joint trial.
- Section 141 IEA is included as subsection (1) of 146 BSA
- The Indian Act of 1872 included many colonial provisions, such as the presumption of genuineness of certain documents admissible in England without proof or a seal of signature, and the Indian Courts were required to take judicial notice of every Act passed by the British Parliament. The BSA intends to repeal all colonial provisions.
- The IEA, 1872, contains parts that refer to the provisions of the IPC and CRPC. And, because these Acts have been replaced by other Acts, adjustments to the BSA are also required to maintain compliance and harmony in the provisions of the three new criminal laws.
These were the list of changes that were brought by the Bharatiya Sakshya Adhiniyam 2023. Readers are advised to refer to the Bharatiya Sakshya Adhiniyam 2023 PDF.