BSA Sections 2023
Here’s a detailed breakdown of the Bharatiya Sakshya Adhiniyam (BSA), 2023, along with a comparison to the Indian Evidence Act, 1872 where necessary.
Bharatiya Sakshya Adhiniyam (BSA), 2023 – Section-Wise Details
Chapter 1: Preliminary Provisions
Section 1: Short Title, Extent, and Commencement
- This Act is called Bharatiya Sakshya Adhiniyam, 2023.
- It applies to all judicial proceedings in Indian courts.
- The Act replaces the Indian Evidence Act, 1872.
Section 2: Definitions
- Defines key terms such as evidence, witness, document, electronic record, etc.
- Adds “electronic evidence” explicitly, making digital records legally recognized.
Section 3: Interpretation Clause
- Lays down the general interpretation rules for legal proceedings.
Chapter 2: Relevancy of Facts
Section 4: Evidence may be given of Facts in Issue and Relevant Facts
- Clarifies when a fact is relevant in a case.
- If a fact proves or disproves a case, it is relevant.
Section 5: Facts forming part of the same transaction (Res Gestae)
- Events that happen in a continuous sequence are admissible (Example: Murder case – someone’s statement immediately after witnessing the crime).
- Strengthens the evidentiary value of spontaneous statements.
Section 6: Admission and Confession
- Admissions made voluntarily by a party are relevant.
- Confessions made to police officers remain inadmissible unless recorded before a magistrate (to prevent forced confessions).
Section 7: Statements Made Under Special Circumstances
- Deathbed statements (Dying Declarations) are admissible.
- Business records and expert opinions are recognized as evidence.
Chapter 3: Documentary and Electronic Evidence
Section 8: Proof of Electronic Records
- Recognizes digital documents, emails, CCTV footage, and call recordings as legal evidence.
- Builds on Section 65B of the old Evidence Act.
Section 9: Admissibility of Electronic Records
- Courts must ensure the authenticity of digital evidence.
- Requires a certificate under Section 65B of the IT Act.
Section 10: Secondary Evidence in Electronic Records
- Allows printouts, screenshots, and copies of electronic records as secondary evidence if the original is unavailable.
Section 11: Presumption as to Digital Signatures
- Courts assume digital signatures are valid unless proven otherwise.
- Encourages e-governance and online contracts.
Chapter 4: Oral Evidence and Examination of Witnesses
Section 12: Who May Testify?
- Anyone competent and reliable can testify.
- Children and mentally challenged persons can testify if the court is satisfied with their understanding.
Section 13: Competency of Witnesses
- Protects privileged communication (Example: Lawyer-client, Husband-wife conversations).
Section 14: Protection of Witnesses
- Introduces witness protection provisions for vulnerable individuals.
- Ensures protection for victims of sexual assault.
Section 15: Cross-Examination Rules
- Cross-examination must be fair and relevant.
- Strengthens safeguards against harassment of witnesses.
Chapter 5: Presumptions in Law
Section 16: Presumption as to Documents
- If a document is 30+ years old and found in proper custody, it is presumed genuine.
Section 17: Presumption in Cases of Dishonored Cheques
- Courts presume liability in cheque bounce cases (Section 138, NI Act).
- The accused must prove otherwise.
Section 18: Burden of Proof
- The burden of proof remains on the party making a claim.
- Exceptions for cases involving sexual offenses, dowry cases, and cybercrimes.
Chapter 6: Special Provisions
Section 19: Protection of Sensitive Witness Identity
- Courts can conceal the identity of sensitive witnesses (Example: Rape and terrorism cases).
Section 20: Admissibility of Forensic and DNA Evidence
- Strengthens the role of forensic science in criminal trials.
- DNA test results are now admissible as strong evidence.
Section 21: Privileged Communications
- Protects doctor-patient, lawyer-client, and journalist-source confidentiality.
Comparison with Indian Evidence Act, 1872
| Key Changes | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Digital Evidence | Limited provisions | Fully recognized |
| Electronic Records | Secondary evidence rules unclear | Strengthened under Sections 8-11 |
| Witness Protection | No direct provision | Section 14 includes protection |
| Forensic Evidence | Not explicitly defined | DNA and forensic reports admissible |
| Cheque Bounce Cases | Burden of proof not clear | Courts presume dishonor unless proven otherwise |
Conclusion
The Bharatiya Sakshya Adhiniyam (BSA), 2023 modernizes India’s evidence law by recognizing digital evidence, forensic reports, and witness protection. It ensures a faster, more efficient judicial process by eliminating ambiguities from the old law.
Would you like detailed case laws under specific sections? 😊
