How is the Bharatiya Sakshya Adhiniyam Different from Indian Evidence Act?

Bharatiya Sakshya Adhiniyam (BSA), which has been finally assented by the President of India on 25th of December, is the modern law of evidence. The BSA has now replaced the existing Indian Evidence Act of 1872. The BSA has been legislated with the objectives to simplify, consolidate, and make it more relevant in the present context.

What does Indian Evidence Act, 1872 Exactly Define?

The Indian Evidence Act of 1872 typically defines, classifies, and explains the ‘evidence’ including its admissibility and relevance. Besides, the Act also regulates the procedures of producing such evidence in the court. Legislated and enacted during the British Colonial Era, the Act outlines the framework and standards for providing and proving the facts, the competency, and examination of witnesses.

The Act emphasizes on the importance of reliable and credible evidence and vehemently discourages to produce any irrelevant or prejudicial information in the court. Likewise, the Act establishes a systematic and efficient approach to ensure fair and transparent trials. Its comprehensive provisions cover a wide range of evidentiary matters, contributing significantly to the functioning of the Indian judicial system.

What does Bharatiya Sakshya Adhiniyam, 2023 Exactly Define?

The Bharatiya Sakshya Adhiniyam that has replaced the Indian Evidence Act of 1872 is an Act that consolidate and to provide for general rules and principles of evidence for fair trial. Furthermore, it is a modernized, consolidated, and simplified form of existing Indian Evidence Act of 1872.

Secondly, though many of the provisions have been taken from the existing the IEA, but revised and put more focus on some provisions including confessions, relevancy of facts, and burden of proof.

Difference Between Indian Evidence Act and Bharatiya Sakshya Adhiniyam

The following table highlights the key differences between Indian Evidence Act and Bharatiya Sakshya Adhiniyam −

Basis	Indian Evidence Act	Bharatiya Sakshya Adhiniyam
Meaning & Relevancy	The IEA is centuries old Act, which has many provisions that are sufficiently relevant in today’s context, but some provisions have lost its relevancy in today’s context.	The BSA is a modern legislation that has substantially focused on the modern mode of life-style and professional practices; hence, closely focuses on the missing provisions of IEA. E.g. confessions, relevancy of facts, and burden of proof.
Admissible Evidence	IEA classifies Evidence as documentary and oral as primary evidence and put electronic evidence as secondary evidence.	BSA retains this classification, but focused on electronic evidence and put it in the first category i.e. primary evidence.
Inclusion of Electronic Evidence	IEA, though considers electronic evidence, but in a limited way.	BSA has no limitation; in fact, it has substantially focuses on the inclusion and acceptance of electronic evidence.
Revision of Provisions	IEA has old fashioned explanations of certain provisions, use of which in the court creating issues.	On the other hand, BSA has given special attention on all these provisions and thoroughly revised them. E.g. the provisions like confession, relevancy of facts, burden of proof (especially in case of vulnerable group i.e. children and women), etc.

Conclusion

The Bharatiya Sakshya Adhiniyam is simplified, streamlined, and modernized version of evidence rules, which came into existence by replacing the centuries old Indian Evidence Act of 1872. Though the BSA retains many of the provisions of IEA, but in the revised and modernized form. Besides, BSA also inserted certain new points for the ease of judicial trial and make the system more transparent.

However, there are certain provisions that may give space to other system (such as Police) to misuse or manipulate, but an honest practice and regular check and balance, it can be systematically regulated.

Frequently Asked Questions

Q1. What's the main goal of the Bharatiya Sakshya Adhiniyam?

Ans. The key objectives of BSA are to modernize, simplify, and streamline how evidence is presented and interpreted inside the courts. Such modern provisions will make judicial system more technology-enabled, fair, and efficient. Compared to the Indian Evidence Act, BSA is simplified, clearer, and visibly addresses challenges like cybercrime and vulnerable groups.

Q2. How does the Bharatiya Sakshya Adhiniyam handle electronic evidence differently?

Ans. The newly legislated BSA substantially recognizes electronic records as primary evidence, paving the way for smoother integration of digital data in investigations and trials. On the other hand, the IEA deals this provision as secondary evidence and putting more emphasis on physical forms of evidence.

Q3. Does the Bharatiya Sakshya Adhiniyam change how confessions are dealt with?

Ans. Confessions are very sensitive issue, which can be easily manipulated; therefore, the Bharatiya Sakshya Adhiniyam has made stricter regulations on the admissibility of confessions. As per the new provisions, a stronger protocols required with the objective to prevent coerced or unreliable testimonies. This provision will safeguard against potential misuse compared to the IEA's broader framework.

Q4. Are there concerns about privacy under the BSA?

Ans. The Indian Evidence Act of 1872, defines some privileged relationship to protect the privacy of respective people, especially client-attorney relationship. The Bharatiya Sakshya Adhiniyam has revised this provision and given more emphasis to privileged communication between certain professionals and clients. This is a new consideration compared to the IEA's focus on traditional forms of communication.

Q5. Which system emphasizes protecting vulnerable groups more?

Ans. One of the eye-catching provisions of the Bharatiya Sakshya Adhiniyam, 2023, is focusing on vulnerable group such as women and children. The BSA strengthens the burden of proof in cases of women and children. Its objective is to emphasize survivor-centric approach and combating biases.

Q6. Which system is easier for legal professionals to adapt to?

Ans. The Bharatiya Sakshya Adhiniyam, that designed based on modern and technologically advanced cultural and professional practices. Secondly, it is consolidated, precise, and relevant. On the other hand, Indian Evidence Act of 1872, is centuries old, lengthy, and its many provisions are outdated in today’s context. Because of such reasons, the new Adhiniyam is comparatively better to adapt.