Impact of Bharatiya Sakshya Adhiniyam on Evidence Law of India

The Bharatiya Sakshya Adhiniyam modernizes evidence law in India by replacing an old British law with new rules. This blog explores how the Bharatiya Sakshya Adhiniyam impacts the legal system, focusing on electronic evidence, fair trials, and its relevance for lawyers and judiciary aspirants.

Introduction

The Bharatiya Sakshya Adhiniyam is a new law that updates how evidence is handled in Indian courts. It replaces an old British law that was used for over 150 years. The Bharatiya Sakshya Adhiniyam came into effect on July 1, 2024, along with two other laws—the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

For lawyers, legal professionals, and judiciary aspirants, this law brings important changes to how evidence is presented and accepted in court. It focuses on modern challenges, like using electronic records, and aims to make trials fairer. In this blog, we’ll look at how the Bharatiya Sakshya Adhiniyam impacts evidence law in India, its key changes, and what it means for the legal system.

1. What Is the Bharatiya Sakshya Adhiniyam?

The Bharatiya Sakshya Adhiniyam is India’s new evidence law, replacing an old law from the British era. The old law was made to control people rather than ensure justice. The Bharatiya Sakshya Adhiniyam has 170 sections and 12 chapters, slightly more than the old law’s 167 sections. It keeps many of the old rules, like how to decide if evidence can be used in court, but also adds new ideas to fit today’s world. For legal professionals, this law is important because it changes how evidence is collected, presented, and judged in both civil and criminal cases.

2. Key Changes in Evidence Law with Bharatiya Sakshya Adhiniyam

The Bharatiya Sakshya Adhiniyam introduces several updates to make evidence law more modern and fair. Here are the main changes that lawyers and judiciary aspirants should know:

• Electronic Records as Primary Evidence: The old law treated electronic records, like emails or messages, as secondary evidence, meaning they were less reliable. The Bharatiya Sakshya Adhiniyam now classifies electronic records as primary evidence under Section 57. This includes data from smartphones, laptops, server logs, and even voicemails. This change makes it easier to use digital evidence in court.
• Expanded Secondary Evidence: The law broadens what counts as secondary evidence under Section 58. It now includes oral and written admissions, as well as testimony from someone skilled in examining documents. This helps when the original document is missing or with the other party.
• Oral Evidence Through Electronic Means: The old law required witnesses to give oral evidence in person. The Bharatiya Sakshya Adhiniyam allows oral evidence to be given electronically under Section 2(e)(i). This means witnesses, victims, or the accused can testify via video calls, making it easier for people in remote areas to participate.
• Joint Trials for Absconding Accused: Section 24 of the law allows joint trials even if one or more accused persons have absconded or failed to respond to a legal notice. This ensures trials don’t get delayed because of missing accused.

These changes show how the law adapts to modern needs, especially in handling technology and ensuring fair trials.

3. Focus on Technology and Digital Evidence

One of the biggest impacts of the Bharatiya Sakshya Adhiniyam is its focus on technology. In today’s world, many crimes involve digital evidence, like online fraud or cybercrimes. The law makes it easier to use this evidence in court:

• Clear Rules for Electronic Records: The law gives electronic records the same legal status as paper records. It also explains how to verify digital evidence using expert certification and hash algorithms to ensure the data hasn’t been tampered with.
• Challenges for Cyber Labs: While this is a positive step, it increases the workload for cyber laboratories. They need to verify more digital evidence, which requires better infrastructure and training. Legal professionals may face delays if these systems aren’t ready.
• Privacy Concerns: Using digital evidence raises questions about privacy. The law doesn’t fully address how to protect sensitive information, like personal messages, from being misused in court. Lawyers need to be careful to balance evidence use with privacy rights.

This focus on technology makes the justice system more efficient but also brings new challenges that legal professionals must handle.

4. Ensuring Fair Trials with Bharatiya Sakshya Adhiniyam

The Bharatiya Sakshya Adhiniyam aims to make trials fairer, which is a key concern for judiciary aspirants and lawyers. Here’s how it helps:

• Protecting Confessions: The law keeps the old rule that confessions made to a police officer are not admissible in court unless given in front of a magistrate. This protects the accused from forced confessions, ensuring fairness.
• Support for Witnesses: Allowing witnesses to testify electronically means more people can participate without traveling long distances. This is especially helpful for vulnerable witnesses, like victims of crime, who may feel safer giving evidence remotely.
• Strengthening Expert Opinions: Section 39 of the law expands the use of expert opinions. Courts can now rely on experts in any field, not just limited areas like handwriting or science. This helps judges make better decisions in complex cases, such as those involving forensic evidence.

These changes ensure that trials are more accessible and reliable, which is crucial for delivering justice.

5. Impact on Legal Professionals and Judiciary Aspirants

The Bharatiya Sakshya Adhiniyam has a direct impact on those working in the legal field:

• For Lawyers: Lawyers need to learn the new rules, especially about electronic evidence. They must understand how to present digital records in court and ensure they meet the law’s requirements, like expert certification. This also means staying updated on technology to handle cybercrime cases.
• For Judiciary Aspirants: The law is now part of the syllabus for Judiciary Exams. Aspirants need to study the new sections, like Section 57 for electronic evidence, and understand how they differ from the old law. Knowing these changes can help them answer exam questions and prepare for a legal career.
• For Courts: Judges will rely more on digital evidence, which may require training to understand technical details, like hash algorithms. Courts also need better systems to handle electronic testimony and ensure it’s secure.

The law pushes legal professionals to adapt to modern challenges, making their work more effective but also more demanding.

6. Challenges and Criticisms of Bharatiya Sakshya Adhiniyam

While the Bharatiya Sakshya Adhiniyam brings positive changes, it also has some challenges:

• Lack of Safeguards for Digital Evidence: The law doesn’t fully address how to prevent tampering with electronic records. Without clear rules, digital evidence might be questioned in court, leading to delays or unfair outcomes.
• Unaddressed Recommendations: The Law Commission had suggested changes, like presuming police responsibility in cases of custodial injuries, but the law doesn’t include these. This raises concerns about fairness, especially in cases of police misconduct.
• Infrastructure Needs: Allowing electronic testimony and using digital evidence requires good technology, like stable internet and secure video systems. Many courts, especially in rural areas, may not have this, which could create unequal access to justice.

These challenges show that while the law is a step forward, its success depends on proper implementation and support systems.

Conclusion

The Bharatiya Sakshya Adhiniyam is a major update to evidence law in India, replacing an old British law with a modern one. It makes electronic records primary evidence, allows remote testimony, and ensures fairer trials by protecting confessions and supporting witnesses. For lawyers and judiciary aspirants, this law means learning new rules and adapting to technology in legal practice. However, challenges like the lack of safeguards for digital evidence and infrastructure needs must be addressed for the law to work well. Overall, the Bharatiya Sakshya Adhiniyam modernizes India’s justice system, making it more efficient and fair, but its true impact will depend on how courts and legal professionals use it in practice.

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FAQs

1. What is the Bharatiya Sakshya Adhiniyam?
   The Bharatiya Sakshya Adhiniyam is India’s new evidence law that replaces an old British law, focusing on modern rules for evidence in court.
2. How does the law change evidence rules?
   It makes electronic records primary evidence, expands secondary evidence, and allows oral evidence through electronic means.
3. What is the impact of the law on digital evidence?
   The law gives electronic records the same status as paper records but raises concerns about tampering and privacy.
4. How does the law ensure fair trials?
   It protects confessions, allows remote testimony, and expands the use of expert opinions for better decisions.
5. Why is the law important for judiciary aspirants?
   It’s part of the Judiciary Exam syllabus, so aspirants need to study its new rules and changes.
6. What are the challenges of the new law?
   It lacks safeguards for digital evidence and needs better infrastructure for electronic testimony.
7. How does the law affect lawyers?
   Lawyers must learn to handle electronic evidence and ensure it meets the law’s requirements.
8. Does the law apply to all cases?
   Yes, it applies to both civil and criminal cases in all courts, including courts-martial.
9. How does the law support witnesses?
   It allows witnesses to testify electronically, making it easier for them to participate.
10. Where can I learn more about the law?
    Join coaching classes or read legal resources to understand its impact on evidence law.

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