What is a key feature of the Bharatiya Sakshya Adhiniyam related to electronic evidence?
Show answer & explanation
Correct answer: C
Explanation
Correct Answer
It recognizes electronic evidence in legal proceedings.
Explanation
A key feature of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is that it fully recognizes electronic and digital evidence in legal proceedings. This new legislation replaced the colonial-era Indian Evidence Act of 1872 to align India's judicial system with the modern digital age.
Under the new Act, the definition of 'document' has been explicitly expanded to include electronic or digital records. This means that data stored in servers, smartphones, laptops, emails, SMS messages, website logs, and digital voice recordings are now granted the same legal status as traditional paper documents and can be admitted as primary evidence in a court of law.
Key Points
The legislation aims to streamline the admissibility of digital records, making it easier to prosecute cybercrimes and handle modern tech-based evidence. To prevent tampering, the Act retains and updates the requirement for a specific certificate/self-declaration to validate the authenticity of electronic records before they are presented in court. Far from limiting or excluding digital media, it broadens the scope of what constitutes valid evidence in contemporary trials.
Important Questions and Answers
Question: Which colonial-era law was officially repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023?
Answer: The Indian Evidence Act, 1872.
Question: Under the new Bharatiya Sakshya Adhiniyam, digital records like emails or chat logs require which specific accompaniment to be admissible in court?
Answer: A technical certificate verifying authenticity (under Section 63 of the new Act).