The Bharatiya Sakshya Adhiniyam (BSA), 2023, replaces the Indian Evidence Act, 1872, as part of India’s legal reforms to modernize its criminal justice system. Enacted alongside the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), the BSA updates evidence laws to reflect digital advancements, scientific developments, and contemporary judicial needs. Key changes include:
Admissibility of electronic and digital records (emails, server logs, messages) as primary evidence.
Expanded definition of documents to include electronic records, ensuring they hold the same legal weight as physical evidence.
Oral and secondary evidence rules refined for clarity, reducing procedural ambiguities.
Streamlined witness testimony provisions to expedite trials while ensuring fairness.
The BSA retains the core principles of the Indian Evidence Act but removes outdated colonial-era language, making it more accessible and relevant to modern jurisprudence. It came into force on July 1, 2024, marking a significant shift toward a tech-compatible, efficient, and just legal framework.