Centuries ago, colonial criminal law was established, mainly to safeguard British dominance in India. “The country’s criminal justice system functioned by British laws from 1860 to 2023,” Amit Shah said while introducing those three ideas, “the criminal justice system will be revolutionized by these suggestions, so the House can rest easy.”
By this Indian Legal System Update 2023, the aim will not be to pursue justice. Indian ethical ideals and a stronger sense of humanitarianism will be infused into the newest and most advanced Bharatiya Sakshya Bill 2023.
Bhartiya Sakshya Act 2023
- The Bhartiya Sakshya Act of 2023 will take the place of the Indian Evidence Act of 1872. The decision to repeal the existing act was motivated by its inability to account for the technological advancements that India has witnessed in the last few decades.
- The new evidence act aims to align the legal system with the aspirations and requirements of the modern populace. Its primary objective is to create and consolidate all-encompassing rules and standards of evidence to ensure a fair judicial process.
Need of the New Indian Evidence Act 2023: Bhartiya Sakshya Act of 2023
- “Sakshya” describes a witness or piece of evidence. If ratified, the Bharatiya Sakshya Sanhita, 2023 will take the place of the Indian Evidence Act of 1872. The prior Act did not cover the problems that emerged with time and technology.
- Thus, the proposal for this Act was meant to address new challenges as well as technical developments. The Act aims to summarize and unify general criteria and principles of evidence for a fair trial.
Bharatiya Sakshya Bill 2023: Major Highlights
- Revision of the Act: The Indian Evidence legislation will be revised by the new Evidence Act 2023 which will take its place, adding a new provision and proposing changes to 23 of the existing ones. This comprehensive update comprises 170 sections altogether.
- Oral Evidence: Oral evidence under the Indian Evidence Act comprises statements made by witnesses in court regarding a fact that is being investigated. Oral evidence may be presented electronically under the Bharatiya Sakshya Sanhita. Witnesses accused parties, and victims could all testify electronically as a result.
- Acceptability of Digital or Electronic Records as Evidence: Information from printed electronic records or data stored on computer-generated optical or magnetic media is considered documentary evidence. Such information could have been processed or stored by several computers working together or separately.
- Expanding the Definition of Secondary Evidence:
- The Act adds the following to the definition of secondary evidence:
- Document counterparts compared with parties that did not execute them;
- Copies made from the original document through mechanical procedures;
- Copies made from the original document or in comparison with it; and
- Oral reports of the contents provided by individuals who have personally viewed the documents.
- Alignment with the IT Act of 2000: In Section 63, which addresses the admissibility of electronic records, phrases like “any communication device” and “semiconductor memory” are used for clarity. This does not, however, alter the significance of the provision because information created, transferred, received, or stored in “computer memory” is included in the IT Act, 2000’s definition of “electronic form.”
Bhartiya Sakshya Act: Advantages
- The previous Act did not embrace e-evidences as much. The Act includes electronic evidence as well as reproductions (soft copies) of such evidence, broadening the concept of secondary evidence.
- In the amended Act, “person suffering from mental illnesses” is used in lieu of “lunatic.” Yes, civilization has advanced with this. In India, it has long been considered a taboo topic. Whether panic disorder, depression, or other illnesses related to it are deemed mental diseases is not understood at this time.
- A lot of the preceding Act’s sections covered the British Crown, the British Queen, the commonwealth, the cession of land, and other topics needlessly. Over time, a great deal has changed since those Acts. We have combined certain parts of India to form the Union of States now that we are free. These days, most references to the British monarchy and any presumptions about the cession of territory are irrelevant.
Bhartiya Sakshya Act 2023 FAQs
Is Bharatiya Sakshya Bill passed in 2023?
The Lok Sabha approved the bill on December 20, 2023, while the Rajya Sabha approved it on December 21 of the same year. On December 25, 2023, the president granted it his assent. It will be known as the ‘Bharatiya Sakshya Adhiniyam, 2023’ after it is announced.
What is the sakshya adhiniyam act?
It is an Act of the Indian Parliament. A bill to codify and establish general guidelines and standards for evidence in a fair trial.
Has the Bhartiya Sakshya Bill passed?
The Rajya Sabha received the Bharatiya Sakshya (Second) bill, 2023 on December 21, 2023. The Rajya Sabha passed the Bharatiya Sakshya (Second) bill, 2023 on December 21, 2023. The President of India gave his assent to the Bharatiya Sakshya (Second) bill, 2023 on December 25, 2023.
What is the difference between the Indian Evidence Act and the Bharatiya Sakshya Bill?
Oral and documentary evidence are accepted by the Indian Evidence Act. Primary (original papers) and secondary (proofs of the original’s contents) evidence are both considered forms of documentary evidence. The distinction is kept by the Bharatiya Sakshya Bill. Electronic records are included in the definition of documents. This is the difference between the Indian Evidence Act and the Bharatiya Sakshya Bill.
Who can pass a Bill in India?
Both the Lok Sabha as well as the Rajya Sabha need to be involved for a Bill to become law.
How many sections are there in Bhartiya Sakshya Adhiniyam?
Instead of the Indian Evidence Act’s 167 sections, the new law, Bharatiya Sakshya Adhiniyam, 2023, has 170 sections overall. 23 sections were amended, 5 were removed, and 1 new section was established by this statute.
Can the Rajya Sabha reject a bill?
Ordinary bills can be blocked, passed, or rejected by the Rajya Sabha, but the Money Bill cannot be rejected or changed.
What are the major changes in Bharatiya Sakshya Adhiniyam?
The Indian Evidence Act will undergo significant modifications as a result of the Bharatiya Sakshya Bill, including streamlined electronic evidence regulations and an expanded definition of secondary evidence.
What is the Bharatiya Sakshya Act?
The Indian Evidence Act of 1872 (IEA) was replaced by the Bharatiya Sakshya (Second) Bill, 2023 (BSB2). Most of the IEA’s rules, including those regarding confessions, the relevance of the evidence, and the burden of proof are still in place. Oral and documentary evidence are accepted by the IEA.
What is the Evidence Act now known as?
The Indian Penal Code (IPC) has been replaced by Bharatiya Nyaya Sanhita, the Indian Evidence Act by Nagarik Suraksha Sanhita, and the Criminal Procedure Code (CrPC) by Bharatiya Sakshya Adhiniyam.
When even schools and institutions went online, our judicial system lagged in terms of technology. In the long run, this action has advanced us. It is known as the Bharatiya Sakshya Adhiniyam, or the “Indian” Evidence Act itself. Now that the bill has been approved by parliament, it has become law.
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