Empowering Women through the provisions of Bhartiya Sakshya Adhiniyam
Introduction
Bhartiya Sakshya Adhiniyam is new act which gives the provisions regarding the evidence of the cases. This act is all ready to replace the Indian evidence Act, 1872which has been substantive and procedural laws of Indian criminal Justice system. The main of this act is to introduce the laws to new technological environment and adapt the technological advancements and societal changes. The aim of the BSA is to consolidate and provide general rules and principles of evidence for fair trial. This act has retained the various provisions of the Indian Evidence Act, 1872 such as burden of proof, relevancy of facts, confessions etc.
Contents
Background
Overview
Key features
Conclusion
Background
11 August, 2023 :- Bhartiya Sakshya Adhiniyam was introduced in Lok sabha that is the Lower House of the Parliament by the Home Minister of India Shri Amit Shah.
12 December, 2023 :- It was withdrawn from lok sabha
12 December, 2023 :- Bhartiya Sakshya Adhiniyam (Second) was introduced in Lok Sabha
20 December, 2023 :- It was passed in Lok Sabha
21 December, 2023 :- Bhartiya Sakshya Adhiniyam was introduced in Rajya Sabha that is the Upper House of the Parliament and was passed
25 December, 2023 :- It got the President assent
Overview
In India the Indian Evidence Act, 1872 was a mold breaking concept in the criminal justice system. It changed the entire system regarding the admissibility of the evidence in the Indian courts. It came into the force on Sept 01, 1872 during British Rule. Recently in 2023 the Ministry of Home Affairs proposed to repeal the three laws that is Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act. Bharatiya Sakshya Adhiniyam has been proposed in the place of the Indian Evidence Act, 1872. BSA consists total 170 sections instead of 167 Section as of IEA. They have modified around 23 sections, repealed 5 sections and had added 1 sections. The Bill also permits the admissibility of the electronic or digital record as evidence. It has secured the principles of justice and fairness by amending and refining the sections. This kind of a uniform bill ensures that evidence is handled consistently and fairly across various proceedings.
Key Provisions
This Act has modified the definition of the document by including electronic and digital records. They have illustrated the“An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence, and voice mail messages stored on digital devices are documents.”
They have allowed the oral evidence to be given electronically.
The new bill has modified the laws related to confession. They have given that a confession will be considered irrelevant given by the accused in the court if the confession has been made under threat, coercion, or a promise having reference to the charge against the accused person.
They have recognized the digital and electronic records as primary evidence.
They have expanded the scope of the secondary evidence. Now it includes additional categories such as oral admissions, written submissions, and evidence of a person who has examined a document which cannot conveniently examined by the court and who is skilled in the examination of the document.
They have ensured that the digital and electronic records will have legal effect, validity, enforceability as other documents used as evidence.
The BSA has added an explanation in the provisions related to Joint trial. It states that a trial of a multiple persons, where the accused has been absconded or has not responded to the arrest warrant, will be treated as joint trial.
The key changes proposed in the BSA was use of documentary evidence includes writings, maps and caricature which also includes electronic records. It includes primary and secondary evidence also. There is also a provision for joint trials. Of more than one person for the same offence. They have retained this provision from IEA with added explanation.
Conclusions
The evolution of Indian Evidence Act to Bharitya Sakshya Adhiniyam is quite impressive as it shows the evolutions of Social norms, culture etc. It signifies that there is end to the colonial era. BNNS is more modern, technological savvy act. It reflects the justice, equality and fairness in the legal frameworks. The success of this transition will be depending upon the acceptance in the society. Its collective effort of several professors, legal professional etc. It’s a comprehensive guide for the modern technological era.
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About the Author
Anju S Nair
Legal Researcher | LLB, MA English| Corporate Lawyer | Business Enthusiast | Founder & CEO at iLawbook.