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BSA 01- Class Notes

The Bharatiya Sakshya Bill, 2023 aims to replace the Indian Evidence Act of 1872, reflecting contemporary needs and technological advancements. Key changes include the inclusion of electronic records as evidence, the legal admissibility of digital records, and modernization of language. The Bill was passed by the Lok Sabha after incorporating recommendations from a parliamentary committee and repeals the previous Act while ensuring pending cases are handled under its provisions.

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240 views

BSA 01- Class Notes

The Bharatiya Sakshya Bill, 2023 aims to replace the Indian Evidence Act of 1872, reflecting contemporary needs and technological advancements. Key changes include the inclusion of electronic records as evidence, the legal admissibility of digital records, and modernization of language. The Bill was passed by the Lok Sabha after incorporating recommendations from a parliamentary committee and repeals the previous Act while ensuring pending cases are handled under its provisions.

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hemrajgor26
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Lecture- 01 Introduction to BSA

History and Introduction

• The Indian Evidence Act, 1872 was enacted in


the year 1872 with a view to consolidate the
law relating to evidence on which the Court
could come to the conclusion about the facts
of the case and then pronounce judgment
thereupon and it came into force on 1st
September, 1872.
• 2. The experience of seven decades of Indian
democracy calls for comprehensive review of our
criminal laws including the Indian Evidence Act, 1872
and adopt them in accordance with the contemporary
needs and aspirations of the people.

• The law of evidence (not being substantive or


procedural law), falls in the category of "adjective law",
that defines the pleading and methodology by which the
substantive or procedural laws are operationalised. The
existing law does not address the technological
advancement undergone in the country during the last
few decades.
• 3. Accordingly, a Bill, namely, the
Bharatiya Sakshya Bill, 2023 was
introduced in Lok Sabha on 11th
August, 2023.
• The Bill was referred to the
Department-related Parliamentary
Standing Committee on Home Affairs
for its consideration and report. The
Committee after deliberations made
its recommendations in its report
submitted on 10th November, 2023.
• The recommendations made by the
Committee have been considered by the
Government and it has been decided to
withdraw the Bill pending in Lok Sabha and
introduce a new Bill incorporating therein
those recommendations made by the
Committee that have been accepted by the
Government
• Following are the key points of the
Bharatiya Sakshya Adhiniyam (BSA)-2023,
which was passed by the Lok Sabha on
Wednesday and seeks to replace the
Indian Evidence Act of 1872.
• * Two new sections and six new sub-
sections have been added in the
proposed law
• * Five new explanations are added, four
explanations deleted
• * Two new provisos are added, 24
provisions are modified
• * Total six sections are deleted
• Major Changes:

• * Electronic record included in the definition of 'document'

• * Statements received electronically included in the definition of


'evidence'

• * Added more standards for considering electronic and digital


records as primary evidence laying emphasis on its proper
custody, storage, transmission, and broadcast

• * Added more kinds of secondary evidence to include oral and


written admissions and evidence of a skilled person to examine
documents which cannot conveniently be examined by court.
• * Established the legal admissibility, validity, and enforceability of electronic
or digital record as evidence

• * Inclusion of husband/wife as competent witness in criminal proceedings


against the spouse

• * Conviction based on corroborated testimony of accomplice has been


made legal

• * Comprehensive certificate for submitting electronic evidence added in the


schedule

• Minor Changes:

• * References to colonial terminology done away with

• * Language modernized and made gender sensitive.


Section 170. Repeal and savings-
(1)The Indian Evidence Act, 1872 is hereby repealed.
(2)Notwithstanding such repeal, if, immediately before the date on
which this Adhiniyam comes into force, there is any application,
trial, inquiry, investigation, proceeding or appeal pending, then,
such application, trial, inquiry, investigation, proceeding or
appeal shall be dealt with under the provisions of the Indian
Evidence Act, 1872, as in force immediately before such
commencement, as if this Adhiniyam had not come into force
Summary

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