The BSA 2023 consists of 170 sections (revised from the 167 sections under the old Evidence Act). 23 sections were modified, 5 repealed, and 1 new section added Legal Bites+2Free Law: Get Free Headnotes & Judgments+2Wikipedia+2.
The Act is organized into 4 Parts and 12 Chapters, elaborating principles of relevance, proof, witness examination, evidence production, and more Indian Kanoon+2adda247+2Legal Bites+2.
The primary goal is to modernize evidence law—aligning with technological developments, increasing transparency, and enhancing procedural efficiency in legal proceedings ehcr.bhc.gov.in+13Testbook+13Legal Service India+13.
Electronic records and digital data (emails, server logs, WhatsApp, location data, etc.) are now recognized as primary evidence under Section 57. Oral evidence can also be submitted through electronic means LexTechSuite+3adda247+3Free Law: Get Free Headnotes & Judgments+3.
Secondary evidence has been expanded extensively to include oral admissions, expert accounts, and machine-generated copies, including hash value authentication Free Law: Get Free Headnotes & Judgments+1LexTechSuite+1.
The Act introduces stronger witness protection, including anonymization, relocation, and safe recording—especially in sensitive cases such as sexual offences ehcr.bhc.gov.in+5Legal Service India+5adda247+5.
Courts may conduct video-conferenced testimony, especially for victims or accused unable to attend in person .
Confessions obtained under threats or coercion are rendered irrelevant (Section 22), reinforcing the presumption of innocence and defining how the burden of proof may shift in civil/criminal matters Free Law: Get Free Headnotes & Judgments+1Legal Service India+1.
Expert evidence is governed by stricter criteria: experts must be impartial, qualified, with scientifically grounded methods.
Privileged communications—including doctor-patient, lawyer-client, and trade secrets—are better protected under revised rules Legal Service India.
While hearsay remains generally inadmissible, the Act introduces expanded exceptions to allow evidence in circumstances where it’s dependable and relevant .
Chandigarh Police reported a dramatic improvement under the new laws—91.1% conviction rate and average case resolution time reduced from 300 to 110 days between July 2024 and June 2025. They also launched the e‑Sakshya app to manage digital evidence, with over 2,675 multimedia records synced with FIRs The Times of India.
Law enforcement, judiciary, and prosecution bodies are undergoing intensive training to align with the provisions of BSA and related statutes (BNSS and BNS) Study IQ Education+5adda247+5The Times of India+5.
Critics highlight the speedy passage of the Act with limited public consultation, raising questions about legislative transparency and stakeholder input Writing Law+1Reddit+1.
Concerns persist around digital privacy, potential misuse of expanded exceptions, and whether infrastructure and training are sufficient to support smooth implementation .
Social advocacy groups on platforms like Reddit have raised civil liberties concerns—e.g. removal of statutory bail for multiple offences, trials in absentia, and enhanced police detention powers under the complementary statutes (BNS, BNSS) Reddit.
| Feature | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Total Sections | 167 | 170 |
| Digital/Electronic Evidence | Limited recognition | Fully integrated as primary evidence |
| Witness Testimony | In‑person only | Video‑conferencing and protection mechanisms |
| Secondary Evidence | Strict definition | Expanded to professional and oral accounts, hash value |
| Confessions | Less regulated | Excludes coerced confessions; presumption of innocence emphasized |
| Hearsay Evidence | Very restricted | Permitted under defined exceptions |
| Expert & Privilege Rules | Basic provisions | More detailed, with confidentiality safeguards |
| Implementation Timeline | British-era slow adaptation | National rollout since 1 July 2024 |
The Bharatiya Sakshya Adhiniyam, 2023 marks a major overhaul of India’s law of evidence, aiming to bring modern legal processes up to international standards. With provisions for digital evidence, enhanced witness rights, and procedural clarity, the Act positions India’s justice system for the 21st century. While implementation is underway across states and agencies, ongoing evaluation, stakeholder awareness, and capacity-building remain crucial to realize the law’s potential while addressing civil liberties concerns.
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Chapter I – Preliminary
Section 1: Short title, extent and commencement
Section 2: Definitions
Section 3: Interpretation clause
Chapter II – Of the Relevancy of Facts
Sections 4 to 29
(Covers relevancy, facts in issue, admissions, confessions, dying declarations, character evidence, motive, preparation, etc.)
Chapter III – Facts which need not be proved
Sections 30 to 33
Chapter IV – Oral evidence
Sections 34 to 38
Chapter V – Documentary evidence
Sections 39 to 50
Chapter VI – Presumptions as to documents
Sections 51 to 61
Chapter VII – Of the exclusion of oral by documentary evidence
Sections 62 to 66
Chapter VIII – Burden of proof
Sections 67 to 76
Chapter IX – Estoppel
Sections 77 to 78
Chapter X – Witnesses
Sections 79 to 113
(Covers competency, compellability, privileges, accomplice witnesses, witness protection, etc.)
Chapter XI – Examination of witnesses
Sections 114 to 138
(Includes examination-in-chief, cross-examination, leading questions, refreshing memory, etc.)
Chapter XII – Improper admission and rejection of evidence
Section 139
| Batuk Lal The Bharatiya Sakshya Adhiniyam, 2023 |
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