UNIVERSITY INSTITUTE OF LEGAL STUDIES
PANJAB UNIVERSITY, CHANDIGARH
PROJECT REPORT FOR THE SUBJECT OF
BUSINESS LAWS
Topic –Features of the Bharatiya Sakshya Adhiniyam, 2023, and
The other acts which deal with evidence
SUMITTED TO: SUBMITTED BY:
Ms. Umang Garg Gurleen
Teacher in-charge B.Com L.L.B (Hons.) 7th sem
Panjab University, Roll. No. – 210/21
Chandigarh Section D
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ACKNOWLEDGEMENT
I would like to earnestly acknowledge the sincere efforts and valuable time given by
my teacher, Ms. Umang Garg, who provided me with this opportunity to make a
project on the provided topic. I am extremely thankful to her for her guidance. The
project has helped me to improve my research skills and has added an ample to my
knowledge.
I would also like to express my gratitude to my family and friends for helping me in
the completion of this project, within the set time frame.
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CONTENTS
Sr. no. Particulars Pg. no.
1 Introduction 4
2 Law of Evidence 4
3 Legislation for Evidence Law 5
4 Features of the Bharatiya Sakshya Adhiniyam 5
5 Other acts dealing with evidence 7
6 Conclusion 9
7 References 10
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INTRODUCTION
Evidence, in laymen, is anything that can be seen, experienced, told, or read, that causes one
to believe or disbelieve something. In simple terms, it is the basis through which an argument
is proved or disproved.
It translates to being ‘obvious’ or ‘apparent’. Legally, the term ‘evidence’ is nowhere defined,
however, Section 2(e), of The Bharatiya Sakshya Adhiniyam, 2023, gives an exhaustive
definition. So, to understand its meaning, one may follow the trail of –
1. 69th Law Commission Report -
“The word ‘evidence’ is derived from Latin term ‘evidentia’ and signifies that state of
being evident i.e., plain, apparent, or notorious. It is applied to that which tends to
render evident or to generate proof.”
2. Sir Taylor –
Evidence is all those legal means, exclusive of mere argument, which tend to prove or
disprove any fact, the truth of which is submitted to judicial investigation.
3. Woodroffe –
Woodroffe cautions to distinguish between evidence and proof stating that “prove is
the result of evidence.”
4. Phipson-
According to Phipson, evidence means the testimony, which may be –
…………………………………………………………………………………………
……………………………………………………………………………………
Oral Documentary Real
THE LAW OF EVIDENCE –
The Evidence Law is an adjective law that defines the pleading and methodology by which
the substantive and procedural laws are operationalised. Evidence Law, basically, through
several evidence types (documents, statements, state of mind etc.), allows the parties to
demonstrate and present their case well before the judge.
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The new act- The Bharatiya Sakshya Adhiniyam, 2023, after replacing The Indian Evidence
Act, 1872, has increased the scope the definition of ‘evidence’ by including electronic and
digital evidences.
LEGISLATION REGARDING EVIDENCE LAW –
The Evidence law of India has undergone various changes. Earlier, The Indian Evidence Act,
1872 (IEA), used to be the primary legislation that governs the admissibility and weight of
evidence in Indian courts. The Indian Evidence Act, 1872 (IEA) has been replaced by the
Bharatiya Sakshya Adhiniyam, 2023 (BSA), marking a significant step towards modernizing
India’s justice delivery system. This new legislation aims to streamline, modernize and
simplify the presentation and interpretation of evidence in court. IEA was originally passed in
India by the Imperial Legislative Council in 1872, during the British Raj, and is over 150 years
old. Notwithstanding the amendments to the IEA over the years, it had far outlived its efficacy,
as it was enacted when technology was unheard of.
MAIN FEATURES OF THE BHARATIYA SAKSHYA ADHINIYAM, 2023
➢ The Bharatiya Sakshya Adhiniyam, 2023, retains most of the provisions of the Indian
Evidence Act, 1872. It sustains the basic principles of evidence law –
1. Relevancy-
Part ⅠⅠ (Section 3–14), of the BSA, deals with ‘relevancy of facts. It says that evidence
must be relevant to the facts in issue, or to circumstances that make those facts probable
or improbable. For example- in an absolute offence case, it would be irrelevant to
introduce evidence of mental state of the defendant.
2. Admissibility-
Evidence produced must be admissible and properly obtained. E.g., Character
Evidence, Hearsay Evidence are not admissible, subject to some exceptions.
3. Best Evidence Rule-
This rule of evidence states that original or primary evidence should be presented,
wherever possible. Copies or secondary evidence may be admissible in certain cases,
but the original is preferred.
➢ For introducing contemporariness and technological advancement, the new act has
incorporated several changes-
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1. Electronic Evidence –
Provides clear guidelines for admissibility and verification of electronic records,
including digital documents, emails and recordings. It classifies electronic records as
primary evidence.
2. Remote testimony –
Allows for witness to testify remotely through electronic means.
3. Joint Trials -
Expands the scope of joint trails to include situations, where an accused person flees or
fails to respond to an arrest warrant.
4. Element of Fair Trial –
With the introduction of the new act, the legislative intent has shifted towards inclusion
of ‘public fair law’. This shift has become apparent from the expressed mention of the
word ‘fair trial’ in the preamble of the BSA. Also, the inclusion of digital and electronic
record, and the increase in the weightage of secondary evidence makes this intent clear.
➢ Jurisdiction and Scope –
Indian Evidence Act, 1872 (IEA) provided that it ‘extended to the whole of India’,
whereas the Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of
territorial extent. It can be interpreted from this change, that it is the legislative intent
to expand the scope and jurisdiction of Evidence Law in India. It is for the sake of this
exclusion only, that the provision of remote trials and proceedings has become
operative.
➢ Gender inclusive –
This new act has attempted to be gender inclusive. One example of this can be observed
in Section 2 (1) (f), Word "man" is replaced by "person" in illustrations and illustration
(e)-"That a man has a certain reputation, is a fact" is now excluded in BSA.
➢ Updated Language –
Efforts have been made to simplify legal terminology, incorporating plain and gender-
neutral language to enhance accessibility. Modern concepts, especially related to
electronic evidence, have introduced contemporary terms, while clearer headings and
structured sections improve navigation. Definitions have been updated to reflect current
practices, and procedural language has been clarified to reduce ambiguity. Overall,
these changes ensure the Act remains relevant and comprehensible in today’s legal
landscape.
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E.g., – The word "vakils" is replaced by "advocates", "man" is replaced by "person"
and "ravished" is replaced by " raped". City names are changed from Calcutta to
Kolkata, Bombay to Mumbai, and Kabul to Singapore. "Coin" is replaced by "currency"
and "carriage" is replaced by "cars", etc.
➢ Comprehensive Scheme of The Act –
The Bharatiya Sakshya Adhiniyam, 2023, represents a significant modernization of the
Indian Evidence Act, 1872, by removing outdated and redundant provisions, thereby
streamlining the legislative framework. Many repealed sections, which no longer reflect
contemporary legal practices or societal needs, have been eliminated to enhance clarity.
The new legislation employs straightforward language and a more logical structure,
making it easier to read and comprehend. It has 170 sections, in total.
INTERACTIONS OF EVIDENCE LAW WITH OTHER LAWS /
PROCEDURAL ASPECT /
APPLICATION
Section 1(2), The Bharatiya Sakshya Adhinyam, 2023, states the application of the act clearly-
“It applies to all the judicial proceedings, in or before any court, including court martials, but
not affidavits presented to any court or officer, nor to proceedings before an arbitrator.”
• PROCEEDINGS OF THE BSA UNDER CIVIL AND CRIMINAL ACTS –
The Civil Procedure Code (CPC) and The Bharatiya Nagarik Suraksha Sanhita (BNSS), in
many jurisdictions provide frameworks for how evidence is handled in civil and criminal cases,
respectively. Here’s a general overview of how each addresses evidence:
Under The Civil Procedure Code (CPC) –
The Code of Civil Procedure (CPC) includes some fundamentals of evidence law for
civil cases. The Code of Civil Procedure (CPC) has several provisions related to
evidence, including:
1. Documentary Evidence–
These provisions of the CPC deals with the production, impounding, and return of the
documents (Order 13). Order6, Rule 9 delineates how documents need to be produced
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for evidence. Order 8, Rule 1A, places a duty on defendant to produce documents upon
which reliance is placed. Order7, Rule 14 and Rule 17 also deals with documentary
evidence.
2. Admissions-
Order 12 entirely deals with admissions, which are relevant evidence in civil cases.
3. Order 15, Rule 4
It deals with the provision of ‘failure to produce evidence’.
4. Witnesses-
How witnesses are summoned, and their attendance is marked, whereby their
statements are recorded, is facilitated under Order 16 and 16A.
5. Section 107
This section (S.107(d), the CPC), gives Appellate Court the power to take additional
evidence when required.
Under The Bharatiya Nagarik Suraksha Sanhita (BNSS) –
Earlier the Code of Criminal Procedure, now the BNSS, also deals with some fundamentals of
the evidence law under criminal law. Section 208, 230, 231, 242, 243, 244, 247, and Chapter
23, section 300 etc. deals with provisions which connects evidence law and the criminal
procedure law. The two legislations work in tandem to ensure that criminal trials are conducted
fairly and justly, providing a comprehensive legal framework for the presentation and
assessment of evidence in criminal proceedings.
Information Technology Act:
This act governs the admissibility of electronic evidence in court proceedings.
Protection of Children from Sexual Offences Act: (POCSO)
Contains special provisions for handling child witness testimonies in sexual offense case.
• APPLICATION OF THE BSA ON VARIOUS ADJUDICATING AUTHORITIES
There are briefly three types of adjudicating authorities –
JUDICIAL TRIBUNALS
QUASI-JUDICIAL TRIBUNALS
EXECUTIVE TRIBUNALS
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The BSA is only applicable to the judicial tribunals, i.e., courts. Generally, the act is
applicable only on courts and not tribunals; but only in the cases, where some special law
states, the BSA provision will be applicable on the other two as well. The judicial tribunals
run judicial proceedings, hence fall in the application of the evidence law (refer to Section
1, the BSA, 2023). However, the quasi-judicial tribunals are specifically made to not to
follow the strict provisions of the procedural law. They are meant to operate flexibly. Hence,
in the normal course of law, strict procedural law, including evidence law, is not applicable
on such tribunals (quasi as well as executive). However, they run on the principles of natural
justice, which somewhere includes, non-technical principles of the evidence law. E.g.,
opportunity of being heard.
The application of the BSA on tribunals can be grasped with these few examples –
1. Armed Forces Tribunals – (Armed Force Tribunal Act, 2007)
For the court martials i.e., the military trial for members of the armed forces, under the
Armed Force Tribunal Act, 2007, an Armed Forces Tribunal was set up (AFT). Section
14 of the said act, states expressly that the provisions of evidence law will be applicable
on the tribunal. Now in this case, this special law will prevail over the general law.
2. Administrative tribunals – (Administrative Tribunals Act 1985)
Administrative tribunals are not strictly bound the principles of evidence law. The
essence of the matter is that these tribunals are not necessarily places where "justice is
judicially administered", and even if they very nearly resemble courts-to borrow the
language used by Kania, C.J., in the Bharat Bank case,1 they cannot, merely on that
ground, be equated to courts for the purposes of the Evidence Act.
3. Industrial tribunals- (Industrial Dispute Act 1947)
The provisions of the BSA, are not applicable to industrial tribunals as well. In Leonard
Biermans Workers Union v. Second Industrial Tribunal, West Bengal2, it has been
held that since the proceeding before an Industrial Tribunal is not wholly a judicial
proceeding but merely a quasi-judicial proceeding, Section 1 or the Indian Evidence
Act does not make the Act applicable for its own force to such a proceeding and no
Industrial Tribunal therefore is entitled to proceed on the basis of oral or documentary
Bharat Bank v. Employees of Bharat Bank, AIR 1950 SC 188
1
AIR 1962 CAL 375
2
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evidence which may not be strictly admissible in evidence under the Indian Evidence
Act.
• APPLIACTION ON DISCIPLINARY AUTHORITIES IN EDUCATIONAL
INSTITUTIONS
Departmental Proceedings against employees in disciplinary matters - disciplinary
proceedings under Article 311 for the dismissal, reduction in rank of the civil servants of
the Central and State Governments are not judicial proceedings. In the case of
Commissioner of Police, Delhi v Narendra Singh3, where it was held that a confession
made to a police officer would be admissible in a departmental proceeding as section 25 of
the Indian Evidence Act, 1872 is not applicable to such proceedings. And Section 1 of the
BSA, (then Indian Evidence Act), states a clear application on the judicial proceedings.
In the case of UOI v. T.R. Verma4, it was observed by the Justice Krishna Iyer, that tribunals
conduct fact-based inquiry and not law based. Hence such bodies do not fall under the scope
of judicial bodies i.e., courts.
3
AIR 2006 SC 1800
4
UOI v. T.R. Verma , 1957 SC
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CONCLUSION
The Bharatiya Sakshya Adhiniyam, 2023, represents a significant modernization of evidence
law in India, introducing key features that enhance the efficiency, clarity, and accessibility of
legal proceedings. Its emphasis on digital evidence, streamlined procedures for witness
examination, and improved provisions for hearsay reflect a progressive approach to
contemporary legal challenges. Furthermore, when considered alongside other existing acts ,
together these laws aim to strengthen the rule of law, protect the rights of parties involved, and
ensure that justice is served in a timely and effective manner. As the legal landscape continues
to evolve, ongoing evaluation and reform will be essential to address emerging issues and
uphold the principles of fairness and integrity in the judicial process.
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REFERENCES
1. https://www.scconline.com/blog/post/2024/04/29/paradigm-shift-in-india-criminal-
justice-system-bharatiya-sakshya-adhiniyam-2023/#fn4
2. https://bprd.nic.in/uploads/pdf/Comparison%20Summary%20BSA%20to%20IEA.pdf
3. https://prsindia.org/billtrack/the-bharatiya-sakshya-bill-2023
4. The Bharatiya Sakshya Adhiniyam, 2023
5. The Indian Evidence Act, 1872
6. The Code of Civil Procedure (CPC), 1908
7. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
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