BSA Lec very important person of interest 1.pptx

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1. By - Shrimee Srivastava Ma’am Introduction to BSA Lecture- 01 BHARATIYA SAKSHYA ADHINIYAM 2023

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3. History and Introduction The Indian Evidence Act, 1872 was enacted in the year 1872 with a view to consolidate the law relating to evidence on which the Court could come to the conclusion about the facts of the case and then pronounce judgment thereupon and it came into force on 1st September, 1872.

4. 2. The experience of seven decades of Indian democracy calls for comprehensive review of our criminal laws including the Indian Evidence Act, 1872 and adopt them in accordance with the contemporary needs and aspirations of the people. The law of evidence (not being substantive or procedural law), falls in the category of "adjective law", that defines the pleading and methodology by which the substantive or procedural laws are operationalised . The existing law does not address the technological advancement undergone in the country during the last few decades.

5. 3. Accordingly, a Bill, namely, the Bharatiya Sakshya Bill, 2023 was introduced in Lok Sabha on 11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee on Home Affairs for its consideration and report. The Committee after deliberations made its recommendations in its report submitted on 10th November, 2023.

6. The recommendations made by the Committee have been considered by the Government and it has been decided to withdraw the Bill pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by the Committee that have been accepted by the Government

7. Following are the key points of the Bharatiya Sakshya Adhiniyam (BSA)-2023, which was passed by the Lok Sabha and seeks to replace the Indian Evidence Act of 1872. * Two new sections and six new sub-sections have been added in the proposed law * Five new explanations are added, four explanations deleted * Two new provisos are added, 24 provisions are modified * Total six sections are deleted

8. Major Changes: * Electronic record included in the definition of 'document' * Statements received electronically included in the definition of 'evidence' * Added more standards for considering electronic and digital records as primary evidence laying emphasis on its proper custody, storage, transmission, and broadcast * Added more kinds of secondary evidence to include oral and written admissions and evidence of a skilled person to examine documents which cannot conveniently be examined by court.

9. * Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence * Inclusion of husband/wife as competent witness in criminal proceedings against the spouse * Conviction based on corroborated testimony of accomplice has been made legal * Comprehensive certificate for submitting electronic evidence added in the schedule Minor Changes: * References to colonial terminology done away with * Language modernized and made gender sensitive.

10. Section 170. Repeal and savings- The Indian Evidence Act, 1872 is hereby repealed. Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement, as if this Adhiniyam had not come into force

11. Summary

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13. सत्यमेव जयते