BHARATIYA SAKSHYA ADHINIYAM
The “Bhartiya Sakshya Adhiniyam” (Indian Evidence Act) represents a major reform in India’s
approach to evidence handling within the criminal justice system. This reform aims to
modernize the rules governing evidence, making them more relevant to contemporary legal
challenges.
Need for Bhartiya Sakshya Adhiniyam
The Indian Evidence Act, enacted in 1872, has long been criticized for its outdated provisions
that do not adequately address the complexities of modern evidence, particularly with the
rise of digital and forensic evidence.
Key Changes Incorporated in BSA, 2023
The integration of technology into judicial processes is significant and inevitable. The
Bharatiya Sanhita Act (BSA) reflects this shift by expanding the definition of “document” under
Section 2(d) to include electronic and digital records such as emails, server logs, computer
files, messages, and voicemails. Additionally, Section 2(e) now includes "statements given
electronically" as part of the definition of evidence, recognizing the prevalence of digital
communication.
The BSA also revises the concept of primary and secondary evidence. For primary evidence,
if a video is stored electronically and transmitted, each copy is considered primary evidence,
aiding in cases where original records are destroyed. Secondary evidence now includes oral
and written admissions, and testimonies from document examiners. Witnesses and others can
also provide oral evidence electronically.
Section 61 of the BSA ensures that electronic evidence cannot be deemed inadmissible solely
due to its format. Despite these advancements, concerns about the tampering of electronic
records remain. The Supreme Court highlighted that without proper safeguards, reliance on
electronic records could lead to a miscarriage of justice.
To address these concerns, the Karnataka High Court has introduced guidelines for the search
and seizure of electronic records. These include ensuring a qualified forensic examiner is
present, prohibiting Investigating Officers from using seized devices, and using Faraday bags
The “Bhartiya Sakshya Adhiniyam” (Indian Evidence Act) represents a major reform in India’s
approach to evidence handling within the criminal justice system. This reform aims to
modernize the rules governing evidence, making them more relevant to contemporary legal
challenges.
Need for Bhartiya Sakshya Adhiniyam
The Indian Evidence Act, enacted in 1872, has long been criticized for its outdated provisions
that do not adequately address the complexities of modern evidence, particularly with the
rise of digital and forensic evidence.
Key Changes Incorporated in BSA, 2023
The integration of technology into judicial processes is significant and inevitable. The
Bharatiya Sanhita Act (BSA) reflects this shift by expanding the definition of “document” under
Section 2(d) to include electronic and digital records such as emails, server logs, computer
files, messages, and voicemails. Additionally, Section 2(e) now includes "statements given
electronically" as part of the definition of evidence, recognizing the prevalence of digital
communication.
The BSA also revises the concept of primary and secondary evidence. For primary evidence,
if a video is stored electronically and transmitted, each copy is considered primary evidence,
aiding in cases where original records are destroyed. Secondary evidence now includes oral
and written admissions, and testimonies from document examiners. Witnesses and others can
also provide oral evidence electronically.
Section 61 of the BSA ensures that electronic evidence cannot be deemed inadmissible solely
due to its format. Despite these advancements, concerns about the tampering of electronic
records remain. The Supreme Court highlighted that without proper safeguards, reliance on
electronic records could lead to a miscarriage of justice.
To address these concerns, the Karnataka High Court has introduced guidelines for the search
and seizure of electronic records. These include ensuring a qualified forensic examiner is
present, prohibiting Investigating Officers from using seized devices, and using Faraday bags
