What major reform does Bharatiya Sakshya Adhiniyam bring?
Show answer & explanation
Correct answer: A
Explanation
Answer: Digitization of evidence.
Explanation:
The Bharatiya Sakshya Adhiniyam (BSA), 2023 replaced the 151-year-old Indian Evidence Act of 1872. Its most revolutionary change is the legal recognition and integration of technology into the justice system.
Expanded Definition of Documents: Under the old law, "documents" primarily meant paper records. The BSA expands this to include electronic and digital records, such as emails, server logs, smartphone messages (like WhatsApp), location data, and even voicemails.
Admissibility of Electronic Evidence: It gives digital records the same legal standing as paper documents. Section 61 of the BSA explicitly states that a digital record shall not be denied admissibility solely because it is in electronic form.
Oral Evidence via Technology: Witnesses, victims, and even the accused can now provide oral evidence electronically. This allows for testimonies via video conferencing, reducing the need for physical presence in court for every hearing.
Additional Points for Exams
The "Three Laws" Overhaul: The BSA is part of a trio of new laws that replaced British-era codes:
Bharatiya Nyaya Sanhita (BNS) – replaced the IPC (Indian Penal Code).
Bharatiya Nagarik Suraksha Sanhita (BNSS) – replaced the CrPC (Code of Criminal Procedure).
Bharatiya Sakshya Adhiniyam (BSA) – replaced the Indian Evidence Act.
Potential Exam Questions & Answers
Q: Which British-era law did the Bharatiya Sakshya Adhiniyam replace?
Answer: The Indian Evidence Act, 1872.
Q: Does the BSA consider a "digital record" as primary or secondary evidence?
Answer: It classifies the original electronic/digital record as primary evidence, whereas copies or printouts are treated as secondary evidence.