The Bharatiya Sakshya Adhiniyam (BSA), 2023 vs Indian Evidence Act (IEA), 1872
Overview of the Comparison
The Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced the historic Indian Evidence Act (IEA) of 1872, introducing numerous changes to bring evidence law in India in line with technological advancements and contemporary social realities. Understanding the important equivalent sections, their differences, and the legislative intent behind these changes is crucial for legal professionals, students, and anyone interested in Indian law. Below is a comprehensive guide, including a chart, detailed analysis, a sound conclusion, and frequently asked questions.
The BSA, 2023, largely restructures and modernizes the provisions of the IEA, 1872, retaining many foundational principles while streamlining language and introducing new concepts, especially concerning electronic evidence. Many old sections are substantially retained, but some are amalgamated, modernized in terminology, or removed entirely to reflect current legal requirements.
Chart: Important Equivalent Sections of IEA and BSA
| BSA Section | IEA Section | Subject / Key Difference |
|---|---|---|
| 1 | 1 | Title & extent: BSA omits territorial applicability of IEA. |
| 2(1)(d/e) | 3 | “Document” & “Evidence”: Explicit inclusion of electronic/digital records. |
| 5-6 | 7-8 | Relevant facts: Broader scope, updated terminology. |
| 16 | 18 | Admission by party/agent: Written as sections & clauses. |
| 22 | 24, 28, 29 | Confession: Amalgamates multiple sections from IEA. |
| 61-63 | 65A-65B | Electronic evidence provisions updated and expanded. |
| 82, 88, 166 | Removed | Some IEA sections omitted in BSA. |
| 170 | New | Repeal & saving clause for IEA. |
Key Changes and Legislative Intent
Modernization and Language Clarity
·The BSA updates colonial language, using modern terms like “advocate” instead of “vakil” and “person” instead of “man”.
·Outdated illustrations and references are revised (e.g., city names updated, gender-neutral terms used).
Electronic and Digital Evidence
·The BSA clearly recognizes ‘electronic and digital records’ as documents and primary evidence, aligning with modern technological realities.
·Electronic records, including those stored in smartphones, laptops, and semiconductors, are considered at par with conventional documents, expanding the scope of admissible evidence.
Streamlining and Combining Provisions
·Sections dealing with confessions (Sections 24, 28, 29 of the IEA) are consolidated for greater clarity and accessibility (now under Section 22, BSA).
·Several sections in the IEA related to admissions and confessions are written as subsections or combined in BSA for smooth comprehension.
Omission and Inclusion
·The BSA removes sections which are no longer contextually relevant, such as those related to jurisdictional legacy and obsolete communications technology (e.g., telegraphic messages).
·It introduces explicit reference to contemporary laws and harmonizes definitions with the Information Technology Act and new criminal codes.
Gender Sensitivity and Social Relevance
·Terms like “ravished” are replaced with “raped,” and “son” becomes “child” in legitimacy presumptions, making the law gender-neutral and socially relevant.
Conclusion
The Bharatiya Sakshya Adhiniyam, 2023, marks a pivotal shift in India’s evidence law, aiming to make the system more effective, accessible, and equipped for the digital age. By carefully updating, consolidating, and modernizing the provisions of the Indian Evidence Act, the BSA bridges the gap between the 19th-century legal context and present-day realities. Its reforms are expected to result in more efficient trials and a stronger framework for the administration of justice in India.
Frequently Asked Questions (FAQ)
1. What are the key changes introduced in the BSA, 2023 as compared to the IEA, 1872?
·The BSA expands the definition of “evidence” to include electronic and digital records, consolidates and revises confession-related sections, modernizes terminology, and omits outdated sections.
2. How does BSA, 2023 address technological changes?
·The new law provides explicit rules for digital and electronic evidence, treating records from devices as primary evidence and making provisions for admissibility and certification.
3. Is the Bharatiya Sakshya Adhiniyam completely distinct from the Indian Evidence Act?
·Although the framework remains similar, the BSA updates, expands, and modernizes many areas for clarity and technological relevance while removing obsolete provisions.
4. Why were some sections from the IEA omitted in the BSA?
·Sections irrelevant in the modern Indian context or replaced by advances in technology and legal jurisdiction, such as those concerning telegraphs or the colonial state, were omitted.
5. Will legal proceedings initiated under the IEA continue?
·The BSA contains a repeal and saving clause to ensure seamless transition and prevent disruption of ongoing proceedings.
