Bas 2023e
Bas 2023e
BHARATIYA
SAKSHYA
ADHINIYAM
2023
Secondary Stage: Phase 2
Classes XI And XII
August 2024
Shravana 1946
PD 1H BS
You might have heard of the incidents of fraud, robbery and about the
various proceedings through which legal cases are solved. Did you wonder
what must have helped to solve the cases? How the evidences are gathered
or how are these linked to different aspects of theft or robbery? You will learn
about Bharatiya Sakshya Adhiniyam (BSA) and its different provisions and
facts. This will also help you to understand what constitutes as “evidences”.
Let us learn and act responsibly, particularly in the present digital era.
Learning
outcomes
• Understand Bharatiya Sakshya Adhiniyam, (BSA) 2023 and its salient features.
• Understand the basics of evidence law, including types of evidence like direct,
circumstantial, and hearsay.
• Explores how technology influences evidence collection, preservation, and
presentation in legal settings.
• Practice applying evidence law knowledge to analyse cases and assess the
admissibility of evidence.
• When the reader is caught in a situation where they are a witness to or victim
of a crime, the knowledge of this module will be a major guiding factor in
strengthening their case with the help of appropriate evidence so collected.
The word “evidence” is derived from the Latin word evidens or evidere, which
means “to show clearly; to make clear to the sight; to discover clearly; to
make plainly certain; to ascertain; to prove”.
The Indian Evidence Act (IEA), originally passed by the Imperial
Legislative Council in 1872, during the British Raj, provides for laws relating
to evidence and assist courts in establishing facts of the case brought before it
and pronouncing judgments based on such facts. It falls within the category
of ‘adjective law’ and it defines the pleading and methodology by which the
substantive and procedural law are operationalised. The Act governed all
court processes in India, both civil and criminal.
As per BSA, “evidence” means and includes—
• all statements including statements given electronically which
the Court permits or requires to be made before it by witnesses in
relation to matters of fact under inquiry and such statements are
called oral evidence;
• all documents including
electronic or digital
records produced for the Ensures
inspection of the Court Fairness
in Legal
and such documents Proceedings
are called documentary
Adapts to Protects
evidence. Technological Rights of
The definitions of document Advances Individuals
Why do we
and evidence have become wider need Evidence
to include electronic record and Law? Promotes
Balances
digital records. Anything done Competing Reliability
in electronic or digital mode will Interests and
Enhances Accuracy
be considered as document and Efficiency
will be recognised as evidence. in Justice
System
The definition of ‘Evidence’
empowers the courts to examine
witnesses during trial by way of
video conference.
Rationale
Highlights of BSA
Strengthening Transparency 5
OO It seeks to put limits on the facts which are admissible and its
certification as such in the Courts.
OO It includes electronic and digital signature.
OO In BSA the references to colonial terms, such as, ‘Parliament
of the United Kingdom’, ‘Provincial Act’, ‘London Gazette’,
‘Commonwealth’, ‘Privy Council’, ‘Queen’s Printer’, ‘Her Majesty’,
colonial proclamations and orders have been removed. Archaic
terms like ‘vakil’, ‘pleader’, ‘barrister’ have been replaced with
‘advocate’. Terms like ‘lunatic’ have also been replaced with more
sensitive terminologies, like ‘person of unsound mind’.
Classification of BSA
Relevancy of Facts
Sections 3–50
Strengthening Transparency 7
Further, secondary evidence may be given when
the existence, condition or content of the original
Evidence is admissible
is admitted in writing. when it is deemed
proper to be received
Admissibility of Electronic or Digital Record: by the court of law.
A new section has been added to provide for
admissibility of electronic or digital record.
Electronic Records: A certificate has been added in the schedule
to authenticate and verify the contents of electronic records with
riders that the conditions that computer must be regularly in use
for regular activities by person having lawful control over it, data
was regularly fed in it, computer was working properly, etc.
Privileged communication between Ministers and President:
A proviso has been added to bar Courts from inquiring into any
privileged communication between Ministers and the President of
India.
Experts: BSA enlarges the definition of the experts by adding
“foreign law, science or art” and “or any other field” to the definition
who may give their opinion by adding to “foreign law, science or art.”
As per BSA any person who wants a court to make a decision in their favour
regarding any legal right or liability must prove the facts they are asserting.
This obligation to prove the existence of these facts is known as the burden
of proof.
The BSA further clarifies that the burden of proof lies upon the person
who would lose the case if no evidence were presented. In other words,
the burden of proof falls on the party that initiates a lawsuit or any legal
proceeding.
Example: If a person files a lawsuit claiming that their neighbour
damaged their property, the burden of proof is on the person who filed the
lawsuit. They must provide evidence to support their claim. If they cannot
provide sufficient evidence, the court will not rule in their favour.
Admissibility of Evidence
Witness
Types of Witness
Types of Witnesses
Strengthening Transparency 13
Expert evidence
Electronic Records
Types of Evidence
Strengthening Transparency 17
Activities
This module delves into the Bharatiya Sakshya Adhiniyam, 2023, the rulebook
for presenting evidence in Indian courts. It’s your guide to understanding
how information is presented, analysed, and used to determine the truth
in legal proceedings. Whether you’re a curious student, a future legal
advocate, or simply a citizen interested in the workings of the legal system,
this module will equip you with the knowledge to navigate the intricate
world of evidence.
References
248th Report - Parliamentary Standing Committee Report- SC_Report_Bharatiya_Sakshya_
Bill_2023.pdf (prsindia.org)
Batul, L. 2014. The Law of Evidence. Central Law Agency
Crime in India, 2022, Statistics Volume I, National Crime Records Bureau (Ministry of Home
Affairs) Government of India National Highway 48, Mahipalpur, New Delhi – 110037.
Ratanlal & Dhirajlal, 2022. The Law of Evidence. LexisNexis
Sarathi, V. P. 2013. Law of Evidence. EBC Explorer
Srivastava, Gouri, et.al, 2024-25, Legal Literacy Handbook for Curriculum Developers
(Draft), NCERT, New Delhi, under Publication.
The Gazette of India, 2023. The Bharatiya Sakshaya Adhiniyam, 2023
Strengthening Transparency 19