Bharatiya Sakshya Adhiniyam (BSA), 2023, Check Details

The new criminal laws, the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam(BSA) are taking effect from July 1, 2024. These laws repeal and replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively.

New law passed

The new law was passed by Parliament last December, with Home Minister Amit Shah, who had piloted the change, saying that the legislations would give priority to providing justice, unlike the British-era laws that gave primacy to penal action. “These laws are made by Indians, for Indians and by an Indian Parliament and marks the end of colonial criminal justice laws,” he said.

All about Bharatiya Sakshya Adhiniyam

The Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act and introduces changes in the way evidence is processed. The BSA allows for “electronic and digital records”. This covers a wide range of electronic records, which includes emails, server logs, files stored on computers, laptops, or smartphones, website content, location data, and text messages, among others. The BSA also allows for oral evidence to be taken electronically. Additionally, to provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio-video means.

Expanded secondary evidence

The BSA has also expanded “secondary evidence” to include oral and written admissions. It states that secondary evidence will include “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”.

Difference between Old Law and New Law

Aspect	Old Law (Indian Evidence Act, 1872)	New Law (Bhartiya Sakshya Adhiniyam, 2023)
Introduction Date	1872	2023
Colonial Influence	Drafted during British colonial rule	Drafted to reflect post-independence and modern Indian values
Language and Terminology	Archaic English	Simplified and modernized language
Structure	Structured with 167 sections	Revised structure, includes new sections
Admissibility of Evidence	Detailed rules on admissibility	Updated rules considering technological advancements
Electronic Evidence	Basic recognition in amendments	Comprehensive provisions for electronic and digital evidence
Hearsay Rule	Strict adherence to hearsay rule	Modified to accommodate modern communication methods
Witness Testimony	Traditional procedures	Enhanced procedures including video conferencing for testimony
Relevance of Evidence	Defined under Sections 5-55	Expanded to include modern types of evidence
Documentary Evidence	Sections 61-90	Updated to include electronic documents
Presumption	Various presumptions detailed	New presumptions reflecting modern societal norms
Confessions	Sections 24-30 cover confessions	Revised provisions on confessions, especially digital confessions
Privileged Communication	Detailed in Sections 122-132	Expanded to cover modern professional communications
Expert Testimony	Sections 45-51	Broadened scope to include digital forensic experts
Burden of Proof	Sections 101-114 cover burden of proof	Updated rules considering new types of evidence
Character Evidence	Sections 52-55	Revised to reflect current societal values
Presumption of Innocence	Strongly upheld	Continued emphasis with additional safeguards
Alibi	Specific provisions	More detailed provisions on proving alibi
Sexual Offenses Evidence	Limited recognition of victims’ rights	Enhanced protections and considerations for victims
Corroboration	Requirement for corroboration in certain cases	Updated requirements, especially in cases of digital evidence
Chain of Custody	Basic principles	Detailed procedures for maintaining chain of custody for digital evidence
In-camera Proceedings	Limited provisions	Expanded scope for in-camera proceedings, especially in sensitive cases
Forensic Evidence	Basic inclusion	Extensive provisions for forensic evidence, including DNA
Hostile Witnesses	Provisions for dealing with hostile witnesses	Updated rules considering the impact of digital threats
Adverse Inference	Sections on adverse inference from silence or non-production of evidence	Updated to reflect modern legal standards
Reforms Focus	Admissibility and relevance primarily	Emphasis on efficiency, technology, and victim rights