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ACKNOWLEDGEMENT
I would like to express my sincere gratitude to the
principal,
PROFESSOR ANAND SHANKER SINGH
for providing me with the opportunity to pursue
this research. I would also like to thank Convener,
DR. MANOJ KUMAR DUBEY
for his invaluable guidance and support
throughout the project. I am also indebted to
Assistant Professor,
DR. LAVALESH SINGH
for his expertise and insights, which were
instrumental in shaping my research.
My thanks and appreciations also go to my
colleagues in developing the project and people
who have willingly helped me out with their
abilities.
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INDEX
S.No. TITLE Pg.No.
1. Introduction 4

2. Structure Of BSA 4

3. Salient Features 5

4. Key Provisions, Amendments & 8

Impact

5. Challenges & Criticisms 9

6. Conclusion 9

7. Bibliography 10

1
INTRODUCTION:

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Structure of Bharatiya Sakshya Adhiniyam, 2023

Total Sections: 170

Total Parts: 4
Part 2: Relevancy (Sections 3 to 50)

Part 3: On Proof (Sections 51 to 103)

Part 4: Production and Effect of Evidence (Sections 104 to 170)

Total Chapters: 12
Chapter 1: Preliminary (Sections 1 to 2)

Chapter 2: Relevancy of Facts (Sections 3 to 50)

Chapter 3: Facts Which Need Not Be Proved (Sections 51 to 53)

Chapter 4: Oral Evidence (Sections 54 to 55)

Chapter 5: Documentary Evidence (Sections 56 to 93)

Chapter 6: Exclusion of Oral Evidence By Documentary Evidence (Sections 94 to

103)

Chapter 7: Burden of Proof (Sections 104 to 120)

Chapter 8: Estoppel (Sections 121 to 123)

Chapter 9: Witnesses (Sections 124 to 139)

Chapter 10: Examination of Witnesses (Sections 140 to 168)

Chapter 11: Improper Admission and Rejection of Evidence (Section 169)

Chapter 12: Repeal and Savings (Section 170)

2
Salient Features Of Bharatiya Sakshya
Adhiniyam, 2023
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The new Act introduces significant amendments, including updates to existing

sections and marking a comprehensive overhaul of evidence rules in alignment with
contemporary legal requirements. Here are the salient features of Bharatiya Sakshya
Adhiniyam, 2023:

1. Section Count Increase

The new legislation will comprise 170 sections, marking an increase from the previous
167 sections of the Indian Evidence Act, 1872.

2. Section Updates
Notably, 23 sections from the existing law (The Indian Evidence Act, 1872) will
undergo updates, reflecting a comprehensive revision to align with contemporary legal
needs.

3. Addition of New Section

The Bharatiya Sakshya Adniniyam introduces a new section, emphasizing the
dynamic nature of the legal framework and the need for specificity in certain areas.

4. Section Deletions
Five sections have been removed from the old law (The Indian Evidence Act, 1872),
streamlining the legal content and potentially eliminating obsolete or redundant
provisions.

5. Removal of Specific Terms

The new law omits certain terms such as “Her Majesty Queen,” “Parliament of
UK,” “London Gazette,” “Commonwealth,” “Court of Justice in England,” and
“British Crown,” signalling a departure from references that may no longer be
relevant.

6. Documentary Evidence
Under the Indian Evidence Act (IEA), documents include writing, maps, and
caricatures. The Bharatiya Sakshya Adhiniyam (BSA) expands this definition to
include electronic records. Documentary evidence is classified into primary and
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secondary evidence, where primary evidence involves original documents, including

electronic records and video recordings. Secondary evidence encompasses documents
and oral accounts proving the contents of the original, a classification retained by the
BSA.

7. Oral Evidence
While the Indian Evidence Act confines oral evidence to statements made before
courts, the Bharatiya Sakshya Adhiniyam of 2023 introduces the possibility of giving
oral evidence electronically. This innovation allows witnesses, accused persons, and
victims to testify electronically.

8. Admissibility of Electronic or Digital Records

Documentary evidence, according to the Bharatiya Sakshya Adhiniyam, now includes
information in electronic records stored in various media, expanding to semiconductor
memory and communication devices like smartphones and laptops. The Bharatiya
Sakshya Adhiniyam asserts that electronic or digital records will hold the same legal
weight as paper records, encompassing emails, server logs, locational evidence, and
voice mails.

9. Expansion of Secondary Evidence

The Bharatiya Sakshya Adhiniyam broadens secondary evidence to include oral and
written admissions and testimony from a person skilled in document examination. It
specifies that secondary evidence may be required not only when the original is
inaccessible or destroyed but also when the genuineness of the document is in
question.

10. Joint Trials

The Bharatiya Sakshya Adhiniyam clarifies the treatment of a trial involving multiple
persons when an accused has absconded or not responded to an arrest warrant. It
explains that such a situation will be considered a joint trial, clarifying the Indian
Evidence Act’s provisions on confessions affecting multiple accused parties.

3
Key points from the bill:
Short Title and Application:
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i.The Act is officially known as the Bharatiya Sakshya (Second) Bill,

2023.
ii. It applies to the whole of India.
Relevancy of Facts:
i. The Act outlines rules related to the relevancy of facts in legal
proceedings.
ii. It covers various aspects, including closely connected facts, motive,
preparation, previous or subsequent conduct, and more.
Admissions and Confessions:
i. The Act defines “admission” and provides rules regarding admissions
by parties, agents, and persons expressly referred to by a party.
ii. It also addresses confessions, including those caused by inducement,
threat, coercion, or promise.
4
Key Provisions:
1. Relevance (Section 5): Evidence must be relevant to the case, meaning it has a
logical connection to the facts in dispute.
2. Admissibility (Section 6): Evidence must meet specific criteria to be admissible,
such as being original, authentic, and not hearsay.
3. Hearsay (Section 60): Statements made by someone other than the witness
testifying are generally inadmissible.
4. Documentary Evidence (Sections 61-65): Documents are admissible as
evidence if they meet specific requirements.
5. Circumstantial Evidence (Section 11): Indirect evidence that implies the
existence of a fact.
6. Presumptions (Sections 112-114): Courts may presume certain facts based on
circumstantial evidence.
7. Burden of Proof (Section 101): The prosecution or plaintiff has the burden of
proving their case beyond a reasonable doubt.

5
Amendments:
1. The Indian Evidence (Amendment) Act, 2002, introduced significant changes,
including:

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- Admission of electronic records as evidence (Section 65A).

- Relaxation of the hearsay rule in certain cases (Section 60).
2. The Criminal Law (Amendment) Act, 2013, amended the Evidence Act to
include provisions related to:
- Sexual offenses (Sections 53A, 146).
- Witness protection (Section 151).

CONCLUSION
The Bharatiya Sakshya (Second) Bill, 2023 represents a significant step towards
modernizing the legal framework related to evidence in India. It introduces provisions
that reflect technological advancements and aims to provide a more comprehensive
and inclusive approach to the admissibility of evidence in legal proceedings. The bill’s
wide scope, detailed provisions on relevancy of facts, treatment of admissions, and
recognition of electronic evidence indicate a comprehensive and forward-looking
approach to evidence law in India, with the potential to positively impact the criminal
justice system in the country.

BIBILIOGRAPHY
https://taxguru.in
https://lawcorner.in
https://www.drishtiias.com
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https://www.taxmann.com
https://www.writinglaw.com
https://www.indiacode.nic.in