The Bharatiya Sakshya Adhiniyam, 2023 (In 2 Volumes)

Sarkar's The Bharatiya Sakshya Adhiniyam, 2023 marks a historic overhaul of the Indian law of evidence, replacing the colonial-era Indian Evidence Act of 1872. This authoritative commentary by Sarkar provides a detailed, section-wise analysis of the new legislation, offering legal professionals, students, and scholars a clear understanding of the reformed evidentiary framework.

Key Features:

• The book includes important case laws from the Supreme Court, providing insights into judicial interpretations and applications of the Evidence Act.
• Each section of the Act is meticulously analyzed, highlighting the legal nuances and practical implications.
• The text provides model forms of charges and outlines the ingredients of offences as per the new Act, aiding legal professionals in drafting and understanding legal documents.
• It offers a comparative analysis between the provisions of the Bharatiya Sakshya Adhiniyam, 2023, and the erstwhile Indian Evidence Act, 1872, facilitating a clear understanding of the changes and their impact on legal procedures.

This book serves as an essential resource for legal practitioners, academicians, law students, and anyone interested in the evolving landscape of evidence law in India.

1. Introduction
Overview & Purpose
Why was the Indian Evidence Act, 1872 Replaced?
Key Changes & Modernization
2. Scope & Applicability
Cases & Courts Where the Law Applies
Types of Evidence Covered
Impact on Criminal & Civil Trials
3. Types of Evidence Under the Act
Oral Evidence – Statements made in court
Documentary Evidence – Written records, contracts, letters
Electronic Evidence – Emails, messages, social media, digital records
Forensic Evidence – DNA reports, medical records, fingerprints
4. Admissibility of Electronic & Digital Evidence
Definition & Authentication of Digital Evidence
Use of Emails, SMS, Social Media Posts as Proof
Role of Blockchain & AI in Evidence Collection
5. Relevance & Admissibility of Evidence
What Makes Evidence Legally Acceptable?
Exclusion of Irrelevant or Prejudicial Evidence
New Rules for Handling Sensitive Evidence
6. Confessions & Witness Testimonies
Voluntary vs. Forced Confessions
Guidelines for Recording Statements
Witness Protection & Anonymity in Certain Cases
7. Burden of Proof & Presumptions
Who Must Prove What?
Legal Presumptions in Cybercrime & Digital Cases
Special Provisions for Cases Involving Women & Children
8. Secondary Evidence & Hearsay Rules
When Copies of Documents Can Be Used as Evidence
Exceptions to the Hearsay Rule
9. Forensic & Scientific Evidence
DNA Tests & Their Admissibility
Role of Expert Witnesses in Trials
Use of AI, Machine Learning & Data Analysis in Crime Investigation
10. Special Provisions for Modern Crimes
Cybercrime & Financial Fraud Evidence Rules
Fake News & Deepfake Evidence Handling
Handling Terrorism & National Security Cases
11. Procedural Aspects in Court
How Evidence is Presented in Court
Cross-Examination Rules & Procedures
Documentary & Digital Evidence in Fast-Track Courts
12. Comparison with the Indian Evidence Act, 1872
Major Differences & Improvements
Key Sections Replaced or Modified
13. Impact on Legal & Judicial System
How This Law Will Speed Up Trials
Improved Transparency & Accountability
Role of Technology in Modern Courtrooms
14. Recent Amendments & Future Prospects
Changes Since Enactment
Possible Future Amendments Based on Judicial Review