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.
The BSA comprises 7 chapters and 170 sections. The outline of the Adhiniyam is as follows:
| Chapters | Sections | Classification of Provisions |
|---|---|---|
| Chapter 1 | Sections 1 to 3 | Preliminary |
| Chapter 2 | Sections 4 to 17 | Relevancy of Facts |
| Chapter 3 | Sections 18 to 54 | Facts Which Need Not Be Proved Facts Judicially Noticeable (18 to 20) Facts Admitted (21 to 23) Oral and Documentary Evidence (24 to 54) |
| Chapter 4 | Sections 55 to 73 | Production and Effect of Evidence Burden of Proof (55 to 62) Presumptions (63 to 68) Estoppel (69 to 73) |
| Chapter 5 | Sections 74 to 118 | Witnesses Competency and Compellability of Witnesses (74 to 80) Privileged Communications (81 to 90) Examination of Witnesses (91 to 118) |
| Chapter 6 | Sections 119 to 164 | Improper Admission and Rejection of Evidence |
| Chapter 7 | Sections 165 to 170 | Miscellaneous |
The BSA makes several changes to the IEA, including:
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:
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:
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.
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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.