Bharatiya Sakshya Adhiniyam

Bharatiya Sakshya Adhiniyam, 2023
Parliament of India
  • An Act to consolidate and to provide for general rules and principles of evidence for fair trial.
CitationAct No. 47 of 2023
Territorial extent India
Passed byLok Sabha
Passed20 December 2023
Passed byRajya Sabha
Passed21 December 2023
Assented to byPresident of India
Assented to25 December 2023
Commenced1 July 2024
Legislative history
First chamber: Lok Sabha
Bill titleBharatiya Sakshya (Second) Bill, 2023
Introduced byHome Minister, Amit Shah
Introduced12 December 2023
Committee responsibleParliamentary Standing Committee
Passed20 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Second chamber: Rajya Sabha
Bill titleBharatiya Sakshya (Second) Bill, 2023
Received from the Lok Sabha20 December 2023
Member(s) in chargeHome Minister, Amit Shah
Passed21 December 2023
Voting summary
  • Majority Voice voted for
  • Minority Voice voted against
Final stages
Finally passed both chambers21 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; lit. 'Indian Evidence Act') is an Act of the Parliament of India.[1][2][3]

Background and timeline

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  • 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  • On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.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

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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

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The new law makes it difficult for defendants to defend themselves at court and encourages prosecutors to produce potentially dubious evidence.[11]

See also

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References

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  1. ^ Singh, Vijaita (11 August 2023). "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu.
  2. ^ "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.
  3. ^ ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.
  4. ^ Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.
  5. ^ "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. 25 December 2023.
  6. ^ "President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023". News on Air. 26 December 2023.
  7. ^ "Parliament panel adopts reports on bills to replace existing criminal laws". The New Indian Express. 14 November 2023.
  8. ^ "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.
  9. ^ Ghosh, Sanchari (11 August 2023). "'Will repeal offence of sedition,' Amit Shah introduces 3 bills in Parliament". mint.
  10. ^ "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.
  11. ^ "From Legislation to Litigation: Hurdles and Prospects in the Freshly Minted Bharatiya Sakshya Bill, 2023". legalserviceindia.com. Retrieved 30 June 2024.
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