Bharatiya Sakshya Adhiniyam Explained
| Short Title: | Bharatiya Sakshya Adhiniyam, 2023 |
| Legislature: | Parliament of India |
| Long Title: | An Act to consolidate and to provide for general rules and principles of evidence for fair trial. |
| Autocollapse Long Title: | true |
| Citation: | Act No. 47 of 2023 |
| Territorial Extent: |  India |
| Enacted By: | Lok Sabha |
| Date Passed: | 20 December 2023 |
| Enacted By2: | Rajya Sabha |
| Date Passed2: | 21 December 2023 |
| Assented By: | President of India |
| Date Assented: | 25 December 2023 |
| Bill: | Bharatiya Sakshya (Second) Bill, 2023 |
| Bill Date: | 12 December 2023 |
| Introduced By: | Home Minister, Amit Shah |
| Committee Responsible: | Parliamentary Standing Committee |
| Passed: | 20 December 2023 |
| Passed For: | Majority Voice |
| Passed Against: | Minority Voice |
| Bill2: | Bharatiya Sakshya (Second) Bill, 2023 |
| Bill Date2: | 20 December 2023 |
| Introduced By2: | Home Minister, Amit Shah |
| Passed2: | 21 December 2023 |
| Passed2 For: | Majority Voice |
| Passed2 Against: | Minority Voice |
| Date Commenced: | 1 July 2024 |
| Date Final Passage: | 21 December 2023 |
| Repeals: | Indian Evidence Act |
| Related Legislation: | Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita |
| Status: | in force |
The Bharatiya Sakshya Adhiniyam, 2023 (IAST: Bhāratīya Sākśya Adhiniyam;) is an Act of the Parliament of India.[1] [2] [3]
Background and timeline
- On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Sakshya Bill, 2023 in Lok Sabha.
- On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.
- On 12 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Lok Sabha.
- On 20 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Lok Sabha.[4]
- On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Rajya Sabha.
- On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Rajya Sabha.
- On 25 December 2023, the Bharatiya Sakshya (Second) bill, 2023 received the assent of the President of India.[5] [6]
Structure
The Adhiniyam consists of 170 sections as opposed to the 167 sections in the previous Indian Evidence Act. Of these 167 sections, 23 sections have been modified, five removed, and one more section added.[7] [8] [9] [10]
The Bharatiya Sakshya Adhiniyam, 2023!Part!Chapters!Clauses !Classification of Offences| Part 1 | Chapter 1 | Clauses 1 to 2 | Preliminary |
|---|
| Part 2 | Chapter 2 | Clauses 3 to 50 | - Relevancy Of Facts (3)
- Closely Connected Facts (4 to 14)
- Admissions (15 to 25)
- Statements By Persons Who Cannot Be Called As Witnesses (26 to 27)
- Statements Made Under Special Circumstances (28 to 32)
- How Much Of A Statement Is To Be Proved (33)
- Judgments Of Courts When Relevant (34 to 38)
- Opinions Of Third Persons When Relevant (39 to 45)
- Character When Relevant (46 to 50)
|
|---|
Part 3
On Proof | Chapter 3 | Clauses 51 to 53 | Facts Which Need Not Be Proved |
|---|
| Chapter 4 | Clauses 54 to 55 | Of Oral Evidence |
| Chapter 5 | Clauses 56 to 93 | - Of Documentary Evidence (56 to 73)
- Public documents (74 to 77)
- Presumptions As To Documents(78 to 93)
|
| Chapter 6 | Clauses 94 to 103 | Of The Exclusion Of Oral Evidence By Documentary Evidence |
Part 4
Production And Effect Of Evidence | Chapter 7 | Clauses 104 to 120 | Of The Burden Of Proof |
|---|
| Chapter 8 | Clauses 121 to 123 | Estoppel |
| Chapter 9 | Clauses 124 to 139 | Of Witnesses |
| Chapter 10 | Clauses 140 to 168 | Of Examination Of Witnesses |
| Chapter 11 | Clauses 169 | Of Improper Admission And Rejection Of Evidence |
| Chapter 12 | Clauses 170 | Repeal And Savings |
|
Criticism
The new law makes it difficult for defendants to defend themselves at court & encourages prosecutors to produce potentially dubious evidence.[11]
See also
Notes and References
- News: Singh. Vijaita. 3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped. The Hindu. en. 11 August 2023.
- News: 'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha. The Times of India. en. 11 August 2023.
- Web site: "Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws. NDTV. en. 11 August 2023.
- Web site: Das. Awstika. 2023-12-20. Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act. 2023-12-20. Live Law. en.
- Web site: Bills to replace criminal codes enacted into law as President Murmu gives nod. 25 December 2023. Deccan Herald. en.
- Web site: President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023. 26 December 2023. News on Air.
- Web site: Parliament panel adopts reports on bills to replace existing criminal laws. The New Indian Express. en. 14 November 2023.
- Web site: Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'. India Today. en. 11 August 2023.
- Web site: 'Will repeal offence of sedition,' Amit Shah introduces 3 bills in Parliament. Sanchari. Ghosh. mint. en. 11 August 2023.
- Web site: The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained. NDTV. en. 11 August 2023.
- Web site: From Legislation to Litigation: Hurdles and Prospects in the Freshly Minted Bharatiya Sakshya Bill, 2023 . 2024-06-30 . legalserviceindia.com.
