Evidence In The Bharatiya Sakshya Adhiniyam 2023: Practice, Presumption And Digital Transformation Under Indian Criminal Code
- IJLLR Journal
- 11 minutes ago
- 2 min read
Pavneet Kaur, University Institute of Legal Studies, Chandigarh University, Gharuan, Mohali, Punjab, India
Dr. Navneet Kaur Chahal, Associate Professor & HOD, LL.B. & LL.M. University Institute of Legal Studies, Chandigarh University, Gharuan, Mohali, Punjab, India
ABSTRACT
The enactment of the Bharatiya Sakshya Adhiniyam (BSA) 2023 is a key development that represents the first time in Indian criminal justice reform that the 151 year old Indian Evidence Act was repealed. The study critically examines the BSA 2023 addressing its provisions pertaining to digital transformation, presumptions of evidence and procedural reforms. The paper identifies how the BSA rethinks the value of “document” to include electronic and digital records, gives them parity with traditional evidence and provides established processes for admissibility, authentication and verification. The provision concerning digital signatures, electronic correspondence and expert certification is a big step in realizing the reality of being a data-dependent society. Based on a series of historical background, investigations and discussion of the main terms, and comparisons of BSA and jurisdictions including the UK and US, this paper assesses how the BSA navigates the trade-off between efficiency and fairness preservation. The Act promotes digitalization of evidence law and it will embed itself within overall criminal reforms in India including under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), however difficulties persist in infrastructure, digital literacy, and capacity upskilling. The study argues, therefore, that the BSA 2023 is a legislative innovation, but also a force multiplier for reforming India’s criminal justice ecosystem and to transform evidentiary practices across the board, aligning them with current technology requirements without compromising constitutional protections.
Keywords: Bharatiya Sakshya Adhiniyam 2023 (BSA), Indian Evidence Act 1872, criminal justice reform, digital evidence, electronic records, admissibility of evidence, presumption of evidence, digital signatures, authentication and verification, procedural safeguards, chain of custody, Information Technology Act 2000, comparative evidence law, cybercrime, digital transformation in judiciary.
