Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments

Abstract

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modernizes the approach to legal procedures, placing a particular emphasis on the handling and acceptance of electronic evidence in courts. Comprising 170 sections, the BSA replaces the antiquated colonial terminology found in previous legislation with more relevant and contemporary language that reflects current practices and technological realities. One of the most significant reforms introduced by the BSA is the broadened acceptance of digital records as admissible evidence, which acknowledges the rapid technological advancements that have transformed communication and documentation methods in recent years. The scope of the BSA extends to military courts, indicating a major overhaul in the legal framework of India. Furthermore, the Act redefines key concepts such as "documents" and "evidence," explicitly incorporating digital formats to ensure clarity and consistency in legal proceedings. These vital changes set the stage for a more technologically adept legal system in India, representing a substantial evolution in evidence law while addressing the pressing need for modernization in legal practices and procedures.