Description
Bharatiya Sakshya Adhiniyam (BSA) is an updated version of the Indian Evidence Act of 1872, serving a legal framework in India that governs the admissibility, relevance, and proof of evidence in courts. It establishes the rules for what evidence can be presented in trials, how it should be produced, and its effect on judicial decisions. Bharatiya Sakshya Adhiniyam (BSA) is designed to address the emerging technology landscape that the original 1872 law did not anticipate. This revised framework addresses the deficiencies in handling evidence as technology integrates deeply into legal processes. While the previous law failed to accommodate the advancements in digital and electronic mediums, the Bharatiya Sakshya Adhiniyam introduced more precise and uniform rules of practice of courts in dealing with the facts and circumstances of the case using evidence. Specifically, it acknowledges the legal validity of electronic or digital records, equating them with traditional paper records in terms of admissibility and enforceability. Furthermore, the act broadens the definition of secondary evidence. This includes mechanical reproductions of original documents, copies verified against originals, and counterparts of documents not signed by all relevant parties. It also permits oral testimonies about document contents from witnesses who have seen the document, provided they can supply a matching hash # value of the original record, thus qualifying it as secondary evidence. This modernization ensures the legal system remains robust and reflective of current technological integrations. Comparison of relevant provisions of the Indian Evidence Act, 1872 (1 of 1872) with the Bharatiya Sakshya Adhiniyam (BSA), 2023 (47 of 2023) Comparison of relevant provisions of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with the Indian Evidence Act, 1872 (1 of 1872) Selected sections of the Indian Evidence Act, 1872 (1 of 1872) at relevant places Spirit of New Criminal Acts with Major Changes in the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023)
