The Bharatiya Sakshya Adhiniyam (BSA) And The Evolving Landscape Of Electronic Evidence
Nagashree R & Bhoomika M, Reva University
ABSTRACT
The Bharatiya Sakshya Adhiniyam, 2023 (BSB) has emerged as a significant legislative proposal aimed at replacing the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam (BSA) introduces a notable alteration in the admissibility of the use of electronic and digital records to combat Technology development, communication shifts, and the rise of digital interactions as the primary forces by including social media posts. By classifying electronic records as primary evidence, rather than secondary evidence as in the Indian Evidence Act, 1872, this change acknowledges a major shift from traditional paper-based systems to contemporary electronic communication and data, which also provides that such records will have the same legal effect, validity and enforceability to any other document.
The major concepts covered are as follows:
Addressing Technological Advancements: The Indian Evidence Act of 1872 struggled to address the complexities of digital evidence, whereas The Bharatiya Sakshya Adhiniyam aims to bridge this gap by establishing clear guidelines for the authentication and admissibility of electronic records generated by computers, devices, and online platforms.
Enhanced Admissibility of Digital Records: The Bharatiya Sakshya Adhiniyam provides a more robust framework for electronic records as evidence. This includes provisions for digital signatures, timestamps, and audit trails to establish authenticity and reliability.
Social Media Evidence: The Bharatiya Sakshya Adhiniyam offers specific guidelines for admitting social media posts as evidence. This can include authenticating user accounts, establishing the context of posts, and ensuring the integrity of data retrieved from social media platforms.
Impact on Court Proceedings: The Bharatiya Sakshya Adhiniyam's emphasis on electronic evidence is likely to change the nature of evidence presented in court. We can expect increased use of digital records, social media content, and expert testimony related to digital forensics.
Balancing Rights and Legality: The Bharatiya Sakshya Adhiniyam needs to be balanced with considerations of privacy and data protection. The paper will explore potential challenges in ensuring the lawful collection and presentation of electronic evidence.
