Important Sections of the Bharatiya Sakshya Adhiniyam Explained

The Bharatiya Sakshya Adhiniyam, 2023, marks a new chapter in India’s evidence law, replacing the century-old Indian Evidence Act, 1872. This legislation modernizes the evidentiary framework to align with the digital era, ensuring that courts can effectively evaluate both physical and electronic evidence in a fair and transparent manner.

For law students, legal practitioners, and scholars, understanding the important sections of the Bharatiya Sakshya Adhiniyam is essential. It not only helps in grasping how evidence is presented, proved, or disproved in court but also offers insights into the evolving relationship between technology and justice.

This article provides a comprehensive overview of the key provisions and sections of the Bharatiya Sakshya Adhiniyam, explaining their purpose and impact in the legal system.

Overview of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam was enacted as part of a broader legal reform initiative that also introduced the Bharatiya Nyaya Sanhita, 2023 (replacing the IPC) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing the CrPC). Together, these new laws modernize India’s criminal justice system.

The primary goal of the Bharatiya Sakshya Adhiniyam is to simplify evidentiary procedures while ensuring that electronic records, digital documents, and new forms of communication are legally recognized. The Act retains much of the structure of the earlier Evidence Act but introduces crucial updates to address the needs of a technologically advanced society.

Key Sections of the Bharatiya Sakshya Adhiniyam Explained

Let’s explore some of the most significant provisions that define the core of this legislation:

1. Section 2 – Definitions

Section 2 of the Bharatiya Sakshya Adhiniyam defines key terms that form the foundation of evidentiary law, such as “evidence,” “document,” “electronic record,” and “fact.” The inclusion of electronic and digital formats in the definition of evidence marks a major shift from the older law, recognizing the prevalence of digital communication in modern society.

For example, emails, CCTV footage, social media communications, and digital signatures are now explicitly included within the definition of admissible evidence.

2. Section 3 – Evidence and Proof

This section distinguishes between “proved,” “disproved,” and “not proved” — essential concepts for determining the credibility of facts presented before a court. It defines what constitutes evidence, covering both oral and documentary evidence, including electronic records.

By emphasizing the reliability of electronic data, Section 3 ensures that courts can evaluate digital evidence with the same importance as traditional documents.

3. Section 6 – Relevancy of Facts Forming Part of the Same Transaction

Section 6 covers the principle of res gestae, which means facts that are part of the same transaction are relevant, even if they occur at different times and places. This is especially important in criminal cases where multiple events form a continuous chain of occurrences.

For instance, statements made by a victim immediately after an assault can be admitted as evidence under this section.

4. Section 22 – Admissions in Evidence

Admissions are statements made by a party acknowledging a fact that goes against their interest. Section 22 deals with the admissibility of such admissions as evidence. It also clarifies the conditions under which electronic records containing admissions can be produced in court.

This provision ensures that statements made in digital communications—such as emails or recorded messages—can be used as valid admissions under certain circumstances.

5. Section 24 – Confessions Caused by Inducement, Threat, or Promise

This section continues the long-standing principle that a confession must be voluntary to be admissible. If a confession is obtained through threat, promise, or coercion, it cannot be used as evidence.

The Bharatiya Sakshya Adhiniyam, 2023 upholds this crucial protection to ensure that no accused is compelled to self-incriminate under duress, preserving the fairness of the justice system.

6. Section 59 – Proof of Facts by Oral Evidence

Section 59 establishes that all facts, except the contents of documents or electronic records, can be proved by oral evidence. Oral testimony remains an important part of the evidentiary process, but with the condition that it must be direct — meaning the person testifying must have personally seen, heard, or perceived the fact in question.

This reinforces the importance of first-hand witness accounts in maintaining the credibility of proceedings.

7. Section 60 – Proof of Contents of Documents

When documentary evidence, including electronic records, is produced, Section 60 specifies that the original document or primary evidence should be presented in court whenever possible. However, it also recognizes secondary evidence, such as certified copies or digital reproductions, under specific conditions.

This provision helps courts handle cases efficiently where the original document may be unavailable but a reliable digital or certified copy exists.

8. Section 65 – Electronic Records and Their Admissibility

One of the most modern and vital provisions, Section 65 explicitly deals with electronic evidence. It outlines the conditions under which electronic records like emails, text messages, or CCTV footage can be admitted in court.

The section requires certification under specific guidelines (such as Section 65B of the earlier Evidence Act) to ensure the authenticity and integrity of digital records. This aligns India’s evidence law with global standards on cyber and digital proof.

9. Section 118 – Competency of Witnesses

Section 118 defines who is competent to testify as a witness. The rule remains that any person capable of understanding the questions and giving rational answers is a competent witness. The provision ensures inclusivity by considering mental and physical conditions that might affect testimony but does not automatically disqualify anyone based on age or disability.

10. Section 135 – Order of Production and Examination of Witnesses

This section provides guidelines on the sequence in which witnesses should be examined, ensuring that the process of examination, cross-examination, and re-examination remains consistent and fair. It gives courts the flexibility to manage proceedings while maintaining procedural order.

11. Section 145 – Cross-Examination as to Previous Statements

Section 145 allows a witness to be cross-examined on previous written or recorded statements. This helps verify consistency and truthfulness. In modern times, this includes electronic communications—such as prior emails, chat logs, or recorded interviews—that can be used to test a witness’s credibility.

Digital Transformation in Evidence Law

The Bharatiya Sakshya Adhiniyam is a major step toward integrating digital evidence into the Indian judicial system. From electronic contracts and digital signatures to CCTV footage and mobile data, the law now accommodates evidence generated through technology.

This transformation ensures that India’s evidentiary framework remains relevant in an age where digital communication dominates personal and professional interactions.

LexisNexis: Your Reliable Source for Legal Books and Bare Acts

LexisNexis is one of the most trusted names in legal publishing, offering a wide range of bare acts, commentaries, and law books for students, practitioners, and institutions. For those looking to understand the Bharatiya Sakshya Adhiniyam, LexisNexis provides updated and authoritative editions that include annotations, comparative analyses, and expert commentary.

Their publications help readers comprehend not only the letter of the law but also its practical implications in contemporary legal practice. Whether in print or digital format, LexisNexis remains a dependable source for staying informed about India’s new legal framework.

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 represents a forward-looking approach to evidence law, blending traditional principles with modern realities. By recognizing the importance of electronic records and digital communications, it ensures that India’s legal system remains capable of delivering justice in a rapidly changing world.

Understanding the important sections of the Bharatiya Sakshya Adhiniyam is crucial for every law student and legal professional. It provides the foundation for interpreting how facts are proved and how truth is established in court.