SSC Selection Post 2025 PYQ — Question 3

Correct Answer

It allows digital evidence as primary evidence.

Explanation

The Bharatiya Sakshya Adhiniyam, 2023 (referred to in questionnaires as the Bharatiya Sakshya Sanhita) replaced the historical Indian Evidence Act of 1872. One of its most revolutionary changes is the elevation of digital and electronic records to the status of primary evidence (under Section 57 of the Act). Under the old regime, electronic records were generally processed as secondary evidence, heavily bounded by rigid certifications. The new law recognizes that electronic or digital records produced from proper custody hold the same legal weight as an original paper document, provided they meet authenticity frameworks.

Key Points

The option stating that it "replaces the Code of Criminal Procedure" is incorrect; the law that replaced the CrPC is the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Bharatiya Sakshya Act explicitly replaces the Indian Evidence Act (IEA).

The option asserting that it "limits the use of electronic records" is incorrect; the Act actually vastly expands the scope of electronic records, adding modern items like semiconductor memory, smartphones, emails, server logs, and location data to its strict definition of documents.

The option stating that it "only applies to civil cases" is also incorrect; like its predecessor, the new evidentiary framework applies comprehensively to both civil and criminal court proceedings across India.

Important Questions and Answers

Question: Which historical colonial-era legislation was repealed and replaced by the Bharatiya Sakshya Adhiniyam?

Answer: It repealed and replaced the Indian Evidence Act of 1872.

Question: Under which section of the Bharatiya Sakshya Act are electronic or digital records formally categorized as primary evidence?

Answer: They are classified as primary evidence under Section 57 of the Act.