Bharatiya Sakshya Adhiniyam 2023 (BSA) - Detailed Analysis
IMPORTANT LINKS
Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act 1872 (IEA) and represents a significant change in the evidentiary law in India. The Act aims to meet the changing demands of the judicial system, incorporation of modern technology and adoption of a more inclusive perspective.
Bharatiya Sakshya Adhiniyam 2023 Overview
The new Act aims to streamline, simplify and update the presentation and interpretation of evidence in court. The IEA which was originally enacted by the Imperial Legislative Council during the British Raj in 1872, had been in place for over 150 years. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Indian Evidence Act 1872 (IEA) and marked an important move towards modernization of the justice system of India. The Act came into force on 1st July, 2024.
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The key difference between Bharatiya Sakshya Adhiniyam 2023 vs Indian Evidence Act 1872
|
Aspect |
Indian Evidence Act 1872 (IEA) |
Bharatiya Sakshya Adhiniyam 2023 (BSA) |
|
Opinion of the Expert |
Section 45: Limited to specific areas |
Section 39: Expanded to areas requiring opinion of the expert |
|
Language |
Section 118: Archaic terms like ‘lunatic’ |
Section 124: Modern and inclusive terms such as ‘a person of unsound mind’ |
|
Definition of Documents |
No provision of Digital Records |
Section 2(d): Includes Electronic and Digital Records |
|
Definition of Evidence |
Limited scope |
Section 2(e): Expanded to include ‘statements given electronically’ |
|
Admissibility of Electronic Evidence |
No clear guidelines |
Specifically mentioned in Section 61 |
|
Estoppel Provisions |
Estoppel limited to the duration of tenancy |
Section 122: Extended to post-tenancy period |
|
Judicial Notice |
No specific provision for international treaties |
Section 152: Judicial notice of international treaties and agreements |
|
Secondary Evidence |
Not properly defined |
Section 58: Expanded to include oral and written admissions |
|
Ministerial Communications |
No specific provision |
Section 165 (Proviso): Protected from Court production |
Key Features of Bharatiya Sakshya Adhiniyam 2023 (BSA)
Opinion of the Expert
The BSA widens the scope of expert opinions beyond the limited areas specified in Section 45 of the Indian Evidence Act (IEA). It now allows expert testimony in any area deemed necessary.
Incorporating Technology
The BSA highlights the role of technology by insertion of the term ‘electronic and digital records’ within the definition of ‘document’ and addition of ‘statements given electronically’ to the definition of evidence.
Estoppel
Section 122 extends the prohibition on tenants denying their landlord’s title to include post-tenancy periods.
Judicial Notice
Section 52 expands judicial notice to include international treaties and decisions from global associations.
Secondary Evidence
Section 58 now includes oral and written admissions and expert testimony on document examination.
Conclusion
The Bharatiya Sakshya Adhiniyam 2023 updates the laws of evidence by integration of technology and widening the scope of the admissibility of evidence. The changes brought in the Act aim to align the legal system with current needs while moving away from colonial-era practices.
FAQs about Bharatiya Sakshya Adhiniyam 2023
What is the Bharatiya Sakshya Adhiniyam (BSA) 2023?
The Act is a revised version of the Indian Evidence Act, 1872 and was introduced with an aim to update the evidentiary law in India by incorporating technology and expanding the scope of admissible evidence.
What changes were brought by the Bharatiya Sakshya Adhiniyam (BSA) in the provision of expert opinions?
The BSA expands the scope of expert opinions and allows experts to testify in any area deemed necessary.
When did the Bharatiya Sakshya Adhiniyam (BSA) come into effect?
The Bharatiya Sakshya Adhiniyam 2023 (BSA) came into force on 1st July, 2024.