Which of the following statements are correct regarding the Bharatiya Sakshya Adhiniyam, 2023?
1. The Act applies to courts, including Courts-martial, but excludes affidavits and arbitration.
2. 'Document' includes emails, server logs, and smartphone messages.
3. Confessions to police officers are admissible without restriction.
4. The Evidence Act of 1872 is repealed, but pending cases follow the old law.
Show answer & explanation
Correct answer: B
Explanation
Correct Answer: 1, 2, and 4 only
Explanation:
The Bharatiya Sakshya Adhiniyam (BSA), 2023, has replaced the Indian Evidence Act, 1872. An analysis of the statements is provided below:
Statement 1 is correct. The BSA 2023 applies to all judicial proceedings in courts, including Courts-martial, but explicitly excludes proceedings related to affidavits and arbitration.
Statement 2 is correct. The definition of 'document' has been expanded to include electronic and digital records, specifically mentioning emails, server logs, smartphone messages, and other computer-generated data.
Statement 3 is incorrect. Confessions made to police officers remain inadmissible as evidence under the new law, preserving the established legal protections against coerced statements.
Statement 4 is correct. The Evidence Act of 1872 has been repealed by the BSA 2023. However, transitional provisions ensure that cases pending before the implementation of the new act continue to be governed by the previous law (1872 Act).
Additional Facts:
The BSA 2023, alongside the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), represents a major reform in India's criminal justice system.
Important Questions
Question: When did the Bharatiya Sakshya Adhiniyam, 2023, come into effect?
Answer: July 1, 2024.
Question: What is the primary purpose of expanding the definition of 'document' in the BSA 2023?
Answer: To modernize the legal framework to effectively incorporate and recognize digital and electronic evidence in the current technological era.