Introduction:
India’s legal system has a new update with the introduction of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). This new law BSA replaces the old Indian Evidence Act of 1872 (IEA) and aims to make how evidence is used in court simpler, clearer, and more relevant to today’s world. Let’s break down what the Bharatiya Sakshya Adhiniyam, 2023 (BSA ) is all about and how it changes things from the old law.
What is the Bharatiya Sakshya Adhiniyam, 2023?
The Bharatiya Sakshya Adhiniyam,2023 (BSA), is a new law that updates the way evidence is handled in Indian courts. It was approved in December 2023 by both houses of the Indian Parliament and received the President’s approval soon after. The goal of the Bharatiya Sakshya Adhiniyam,2023 (BSA) is to make the judicial process easier, simpler and more modern, especially with the rise of technology and new challenges like cybercrime.
Why Was the BSA Introduced?
The BSA aims to:
- Modernize the Law: It updates old rules to fit today’s technology and issues, making sure the law is up-to-date.
- Simplify Procedures: It makes the rules about evidence simpler,clearer and easier to understand.
- Streamline the Process: It helps the court system run more smoothly and fairly without any hindrances.
- What’s New in the BSA?
The BSA introduces several changes to improve how evidence is used in court:
- Updated Rules: Many of the rules from the old Indian Evidence Act 1872 have been revised to make them simpler and clearer.
- New Sections: The Bharatiya Sakshya Adhiniyam,2023 (BSA ) includes new rules to handle modern issues, such as those related to technology and digital evidence.
- Removed Old Sections: Some outdated rules from the old Indian Evidence Act 1872 have been removed to make the new law more relevant.
Changes from the Old Indian Evidence Act
The Bharatiya Sakshya Adhiniyam,2023 (BSA) modifies 23 sections from the old Indian Evidence Act 1872 and repeals 5 sections. There is also one new section added. Here are some of the key changes under this .
Removed Sections :
- Section 3 (j) of IEA: referred to India, has been removed.
- Section 82 of IEA: referred to documents from England, has been deleted.
- Section 88 of IEA : References about presumptions about telegraphic messages are no longer included.
- Section 113 of IEA: referred about proving the cession of territory is no longer in the new Act.
- Section 166 of IEA : referred about the power of juries or assessors to ask questions has been removed.
How Does This Affect the Courts?
The Bharatiya Sakshya Adhiniyam,2023 ( BSA) makes the court system more effective and fair. With clearer ,simpler and updated rules, it’s easier for judges and lawyers to handle cases. The new law also makes it easier to deal with evidence related to technology and modern issues.
Conclusion
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a big step forward for India’s legal system. By replacing the old Indian Evidence Act 1872 with a more modern and streamlined approach, the Bharatiya Sakshya Adhiniyam,2023 (BSA) helps ensure that the rules about evidence are up-to-date and relevant. This change will make the judicial process more efficient and fair, reflecting the needs of today’s world.
SOURCE:
The Lawgist
The Times Of India
