The Bharatiya Sakshya Adhiniyam, 2023 (BSA)

The new law, Bharatiya Sakshya Adhiniyam, 2023, comprises 170 Sections, compared to the 167 Sections in the Indian Evidence Act (I.E.A.). This legislation has modified 23 Sections, repealed 5 Sections, and added 1 new Section. The primary goal of introducing this new law was to adapt to technological advancements and societal changes in recent decades. The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023), retains several provisions of the Indian Evidence Act, including those related to the burden of proof, confessions, and the relevancy of facts. Some of the major changes are as follows:

The B.S.A., 2023, allowed oral evidence to be given electronically whereas earlier Indian Evidence Act defined oral evidence as "all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry".

The Bharatiya Sakshya Adhiniyam, 2023, recognized Digital and Electronic Records as primary evidence mentioned under Section 57. Section 58 of the BSA, 2023, 'secondary evidence', amended the earlier Section 63 of the Indian Evidence Act, 1872, and expanded the scope of secondary evidence. It included additional categories such as "oral admissions, written submissions, and evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents."

Section 61 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that digital or electronic records will have the same legal effect, validity, and enforceability as traditional paper-based records, provided they meet the prescribed conditions under the law.

Key Features:

• Key Highlights on Bharatiya Sakshya Adhiniyam, 2023
• Significant Legal Rulings
• Notes on Clauses
• Corresponding Sections of the old law below new Sections
• Comparative Chart of Bharatiya Sakshya Adhiniyam, 2023 and Indian Evidence Act, 1872
• Comparative Chart of Indian Evidence Act, 1872 and Bharatiya Sakshya Adhiniyam, 2023
• Table of New Sections of Bharatiya Sakshya Adhiniyam, 2023
• Table of Sections of Indian Evidence Act, 1872 repealed by Bharatiya Sakshya Adhiniyam, 2023
• Table of Cases
• Subject Index