Download Learnerz IAS app from the Play Store now! Download



Bharathiya Sakshaya Adhiniyam upsc note

 BSA and its implications for handling electronic evidence

  • The three newly-enacted criminal laws, the Bharatiya Nyay Sanhita (to replace the Indian Penal Code), the Bharatiya Nagarik Suraksha Sanhita (to replace the Code of Criminal Procedure) and the Bharatiya Sakshya Adhiniyam (to replace the Indian Evidence Act) are to come into force on July 1, 2024

  • At the same time, Section 106(2) of the Bharatiya Nayay Sanhita (BNS), which prescribes 10 years imprisonment for fatal accidents if they are not immediately reported to the police, has been put on hold, as notified by the Central government.

  • The Ministry of Home Affairs and State governments are preparing for a smooth transition. 

  • While some changes have been made in the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with investigation and police functioning, a few new offences and some changes introduced in the BNS, the contents of the Indian Evidence Act, 1872 have changed little as far as the Bharatiya Sakshya Adhiniyam (BSA) is concerned. 

  • The scope of secondary evidence has been slightly broadened and some changes have been made in the provisions relating to electronic evidence in the BSA.

  • There is some precision in the definitions section

  • An illustration to the definition of “document” (which includes electronic and digital records) says that an electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence (should have used the term information in place of evidence), and voice mail messages stored on digital devices are documents.

  • Similarly, there is clarity in the provision dealing with primary (electronic) evidence (Section 57) in the form of Explanations

  • One of such four explanations says that where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings shall be primary evidence

  • This may help the investigating agencies in fixing culpability of a cyber-criminal even if he destroys his original electronic record to deny the allegations as it may be collected from other sources without its value getting diminished.

  • The law on the admissibility of electronic records is settled. 

  • Though there are some changes in Section 63 of the BSA (which is equivalent to 65-B of the Indian Evidence Act), the ratio of the Supreme Court judgment in Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal & Ors. (2020) will still equally apply to the new provisions. 

  • In this case, the Court held that the required certificate under Section 65-B(4) — now Section 63(4) of the BSA — is sine qua non for the admissibility of electronic record

  • The other provisions with regard to admissibility of secondary evidence will not apply to electronic records as Section 65-B of the IE Act starts with a non-obstante clause (i.e., notwithstanding anything contained in this Act) and Section 65-A and Section 65-B are a complete code by themselves. 

  • The non-obstante clause of the Indian Evidence Act is retained in the BSA.



Amritsar,1,April 2024,171,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,54,February 2024,228,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,67,Govt Schemes,2,GST,1,History,2,Home,3,IAS Booklist,1,Important News,71,Indian Economy,46,Indian History,2,Indian Polity,56,International Organisation,12,International Relations,58,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,March 2024,238,May 2022,17,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,September 2023,205,UPSC CSE,111,
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Bharathiya Sakshaya Adhiniyam upsc note
Bharathiya Sakshaya Adhiniyam upsc note
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content