Colonial criminal law was created hundreds of years ago, primarily to protect British rule over India. During the introduction of those three proposals, Amit Shah stated, “The nation’s criminal justice system operated in accordance with British laws from 1860 to 2023.” The House may rest assured that these proposals will revolutionize the criminal justice system.
The pursuit of justice will not be the goal. The new and latest bharatiya sakshya sanhita 2023 will be imbued with a greater sense of humanitarianism and Indian ethical principles.
bharatiya sakshya act 2023: About
The Indian Evidence Act of 1872 is to be replaced by the bhartiya sakshya act 2023. The old act’s incapacity to take into account the technical breakthroughs that India has experienced in recent decades led to the decision to repeal it.
The goal of the new measure is to bring the legal system into line with the needs and goals of the people today. Consolidating and establishing comprehensive norms and standards of evidence is its main goal in order to guarantee a fair trial procedure.
bharatiya sakshya adhiniyam 2023: Need
- “Sakshya” refers to the evidence or a witness. If approved, the Indian Evidence Act of 1872 will be replaced by the Bharatiya Sakshya Sanhita, 2023. The issues that arose with time and technology were outside the scope of the previous Act.
- Therefore, the purpose of this Act’s proposal was to address emerging issues and technological advancements. Consolidating and outlining general standards and principles of evidence for a fair trial is the aim of the Act.
bhartiya sakshya act 2023: Key Highlights
Revision of the Indian Evidence Act:
- A new act that would replace the Indian Evidence Act would propose amendments to 23 of its current provisions as well as the addition of a new one. This extensive upgrade consists of 170 sections in total.
Accepting Digital Records:
- The Act (bharatiya sakshya sanhita) gives electronic or digital records the same legal standing as traditional documentary evidence by permitting their admission as evidence.
Extending the Meaning of Secondary Evidence:
The Act broadens the concept of secondary evidence to encompass the following:
- Copies made from the original document using mechanical procedures,
- Copies made from the original document or in comparison with it,
- Document counterparts compared to parties that did not execute them, as well as
- Oral reports of document contents given by people who have seen the documents firsthand.
Difference Between Indian Evidence Act and Bhartiya Sakshya Act
The differences between Indian evidence act (known as old evidence Act) and bhartiya sakshya act (known as new evidence Act) are as follows:
| INDIAN EVIDENCE ACT | BHARTIYA SAKSHYA ACT |
| This Act consists of 168 sections. | This Act consists of 170 sections. |
| The definition clause in this Act was extended from Sections 3 to 4. | The definition clause in this Act will fall under Sections 2 (1) (a) through (m) and 2 (2). |
| There was no acceptance of electronic evidence under this Act. | According to Section 2(1)(c) of the act, voice mail messages saved on digital devices, emails, server logs, documents on computers, laptops, or smartphones, messages, websites, and locational evidence would all be accepted as documents and, consequently, as evidence under Section 2(e)(ii). |
| In this Act, the confession to the police officer was dealt with under Sections 25 and 26. | The new Act combines the previous sections 25 and 26, which dealt with the necessity of proof for confessions made to police officers and the invalidity of confessions made while under police custody, unless they were made in front of a magistrate. It has been incorporated into 23(1) and (2). |
| In this Act, Section 57(6) required courts to take judicial notice of all courts and tribunals, courts of admiralty, etc. | The courts to take judicial notice of all courts and tribunals, courts of admiralty, etc. are now part of separate subsections (d) and (e) of Section 52 of the new act. |
| In this Act, Section 57 dealt with the definition of primary evidence. | In this Act, compared to the previous Act, the definition of primary evidence now contains more explanations. The clarification on the acceptance of digital or electronic data or video recordings as primary evidence is one of the new requirements. |
| In this Act, Section 58 dealt with the definition of secondary evidence. | In this Act, oral admissions, written admissions, and the proof of an individual who has reviewed a document are now covered by Sec. 58, which was not included in the previous Act. |
| In this Act, Section 88 addressed the assumption regarding telegraph communications. | The new act, Section 90, which defines electronic messages received by email, has now superseded Section 88. This can be viewed as an advancement and a strategy to keep up with the rapid advancements in technology. |
bhartiya sakshya act 2023: Advantages
- E-evidences were not as welcome under the previous Act. The Act expands the definition of secondary evidence by incorporating electronic evidence and reproductions (soft copies) of such evidence.
- In the new Act, it says “person suffering from mental illnesses” instead of “lunatic.” Yes, this is a step forward for society. It has been a taboo subject in India for a very long time. It is unknown at this time, though, whether panic disorder, depression, or other similar conditions are considered mental diseases.
- The previous Act had numerous parts that needlessly discussed the British Crown, the British Queen, commonwealth, cession of territory, etc. Since those Acts, a lot has changed throughout time. We are now free and have united some regions of India to create the Union of States. Any reference to the British monarch or assumptions regarding the cession of territory, etc., are now mostly meaningless.
When even universities and colleges went online, our legal system fell behind the technological curve. Long-term, this step has moved us forward. This bharatiya sakshya adhiniyam, or the actual “Indian” Evidence Act, is what it is called.
The Bill has now been passed in the parliament and has become an act.
