Bharatiya Sakshya Adhiniyam, 2023
v Introduction
v Key features
v Benefits
v Challenges in implementation
v Conclusion
Introduction
India’s new criminal laws, Bharatiya Nyaya Sanhita (Indian Penal Code), Bharatiya Nagarik Suraksha Sanhita (Code of Criminal Procedure) and Bharatiya Sakshya Adhiniyam (Indian Evidence Act) are to come into force on July 1, 2024.
BSA is applicable to all judicial proceedings in the country and defines the particulars of evidence produced and admissible in courts.
Key features
- Documentary Evidence - electronic or digital records, e-mails, and server logs, computers, smart phones, laptops, SMS, websites, locational evidence, mails, messages on device.
- Digitization of all records - Including case diary, FIR, charge sheet and judgement.
- Oral Evidence – BSA allows witnesses, accused persons and victims to testify through electronic means.
Benefits
- Use of Technology is definitely going to help to streamline processes and faster trials.
- More comprehensive and up-to-date
- More user friendly
- Makes it easy to admit electronic and digital evidence
- Protects rights of witnesses
- Lack of safeguards – electronic evidence now will be used as primary evidence, lack of process implementation in safeguarding the evidence might impact final judgement.
- Lack of knowledge on cybersecurity
- Privacy Concerns
- Tempering of Electronic Records
- Increased workload on cyber laboratories and impact on processing of data
Conclusion
Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a landmark legislation that marks a significant step forward in the evolution of the Indian legal system. The BSA replaces the Indian Evidence Act of 1872, which had been in place for over 150 years. The new Act brings the law of evidence in India up to date with the 21st century, taking into account the latest technological advancements and changes in society. BSA is a comprehensive and well-drafted piece of legislation that will have a significant impact on the Indian legal system. It is likely to lead to more efficient and fair trials, and to a more just and accurate determination of cases.
Where to read BSA Act?
Download Law App (Android, iOS), Select country India and then look for “Bharatiya Sakshya Adhiniyam, 2023” in search or drop down.
Watch Demo
Download Law App (Android, iOS), Select country India and then look for “Bharatiya Sakshya Adhiniyam, 2023” in search or drop down.
Watch Demo
References
bard.google.com
bing image creator
https://www.india.gov.in/
law app - https://play.google.com/store/apps/details?id=com.rachittechnology.lawapp
law app - https://itunes.apple.com/us/app/law-app/id1351638463?ls=1&mt=8
**This content was created with the help of AI.**
bard.google.com
bing image creator
https://www.india.gov.in/
law app - https://play.google.com/store/apps/details?id=com.rachittechnology.lawapp
law app - https://itunes.apple.com/us/app/law-app/id1351638463?ls=1&mt=8
**This content was created with the help of AI.**