Bharatiya Sakshya Adhiniyam (BSA) 2023 - Overview And FAQ

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a new law in India that replaces the Indian Evidence Act, 1872 (IEA). It aims to modernize and streamline the legal framework for evidence in criminal and civil proceedings, incorporating provisions for digital evidence and contemporary judicial needs.

Bharatiya Sakshya Adhiniyam (BSA), 2023, replaces the Indian Evidence Act, 1872.

Background and Timeline

Structure

The BSA comprises 7 chapters and 170 sections. The outline of the Adhiniyam is as follows:

ChaptersSectionsClassification of Provisions
Chapter 1Sections 1 to 3Preliminary
Chapter 2Sections 4 to 17Relevancy of Facts
Chapter 3Sections 18 to 54Facts Which Need Not Be Proved
Facts Judicially Noticeable (18 to 20)
Facts Admitted (21 to 23)
Oral and Documentary Evidence (24 to 54)
Chapter 4Sections 55 to 73Production and Effect of Evidence
Burden of Proof (55 to 62)
Presumptions (63 to 68)
Estoppel (69 to 73)
Chapter 5Sections 74 to 118Witnesses
Competency and Compellability of Witnesses (74 to 80)
Privileged Communications (81 to 90)
Examination of Witnesses (91 to 118)
Chapter 6Sections 119 to 164Improper Admission and Rejection of Evidence
Chapter 7Sections 165 to 170Miscellaneous

Key Changes and Objectives

The BSA makes several changes to the IEA, including:

Implementation

Key Considerations

FAQs on The Bharatiya Sakshya Adhiniyam (BSA), 2023

The BSA, 2023 is a comprehensive legislation enacted to replace the Indian Evidence Act, 1872. It modernizes the legal framework for evidence in criminal and civil proceedings, incorporating provisions for digital evidence and judicial efficiency.

The BSA was enacted on December 25, 2023, and came into force on July 1, 2024.

The BSA seeks to:

  • Modernize evidence laws to include digital records and forensic methods.
  • Simplify rules for admissibility and evaluation of evidence.
  • Enhance protections for witnesses and privileged communications.
  • Ensure compatibility with modern judicial and technological needs.

The BSA recognizes electronic records, such as emails, digital documents, and other digital data, as admissible evidence, with clear guidelines for their authenticity and relevancy.

The BSA strengthens provisions for privileged communications and ensures protections for witnesses, safeguarding their rights during examination and testimony.

The BSA streamlines rules for the admissibility and evaluation of evidence, reducing procedural complexities and enhancing judicial efficiency in both criminal and civil cases.

Yes, the BSA includes provisions for modern forensic methods, ensuring their admissibility and reliability in judicial proceedings.

The BSA provides specific protections for privileged communications, such as those between lawyers and clients, to safeguard confidentiality in legal proceedings.

Concerns include:

  • Ensuring the authenticity and integrity of digital evidence.
  • Balancing technological advancements with judicial fairness.
  • Training judicial officers to handle new evidence types effectively.

Proper safeguards and training are essential for effective implementation.

The full text, including all sections and details, is available on websites like indialawacts.in.

Comparison Summary BSA (Bharatiya Sakshya Adhiniyam 2023) to IEA (Indian Evidence Act 1872), including all sections and details, is available on websites like indialawacts.in.

The Bharatiya Sakshya Adhiniyam, 2023, effective from July 1, 2024, governs the law of evidence in India, replacing the Indian Evidence Act, 1872. It contains 170 sections across 12 chapters, regulating admissibility, relevancy, and procedures for evidence in judicial proceedings.

The Bharatiya Sakshya Adhiniyam, 2023, effective from July 1, 2024, governs the law of evidence in India, replacing the Indian Evidence Act, 1872. It contains 170 sections across 12 chapters, regulating admissibility, relevancy, and procedures for evidence in judicial proceedings.

Download Bharatiya Sakshya Adhiniyam, 2023 Resources

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The following chapters and sections are sourced from the Bharatiya Sakshya Adhiniyam, 2023. This information is for educational purposes only; verify with official sources (e.g., India Code) for legal use. We are not liable for errors or consequences from use.