🔹 Introduction
- Enacted in 2023 (as part of 3 new criminal laws: BNS 2023, BNSS 2023, BSA 2023).
- Replaces Indian Evidence Act, 1872.
- Objective:
- Modernize evidence law,
- Incorporate digital/electronic records,
- Remove outdated provisions,
- Strengthen fair trial & justice system.
🔹 Structure of BSA, 2023
- Total Sections: 170 (Earlier 167 in IEA).
- Divided into:
- Part I – Relevancy of Facts (Ss. 1–52)
- Part II – Proof (Ss. 53–118)
- Part III – Production & Effect of Evidence (Ss. 119–170)
🔹 Key Features & Changes
1. Recognition of Digital Evidence
- Section 61–90 (Digital Records):
- Emails, SMS, WhatsApp chats, server logs, CCTV footage, voice recordings, GPS data admissible.
- Electronic signature & blockchain records recognized.
- Presumption of authenticity if from secure systems.
Example:
If A threatens B via WhatsApp, chat + phone location + server record = admissible digital evidence.
2. Secondary Evidence Expanded
- Earlier: only certified copies allowed.
- Now: photographs, audio, video, digital copies, mirror images, hard-disk data are admissible.
3. Presumption of Validity
- Electronic Gazette notifications, digital government records presumed genuine.
- Burden of disproving lies on person who denies authenticity.
4. Witness Examination (Ss. 119–136)
- Witnesses can be examined via video conferencing.
- Special protection for vulnerable witnesses (children, rape survivors).
Example:
Victim of cyber-harassment can testify via video link from a safe room instead of appearing in court.
5. Expert Opinion (Ss. 45–52, 113)
- Expanded scope → includes DNA, fingerprint, handwriting, electronic forensic experts.
- Judges may call cyber experts for technical verification.
6. Burden of Proof (Ss. 101–114)
- Principle unchanged: “He who asserts must prove.”
- Special provisions for:
- Presumption against dowry death (similar to Sec. 113B, IEA).
- Presumption against sexual harassment in workplace.
7. Confession & Admissions
- Confession before police officer still inadmissible (unless before magistrate).
- However, electronic recording of confession permissible.
8. Privileged Communication (Ss. 122–129)
- Lawyer–client, doctor–patient, journalist–source protection retained.
- Cannot be compelled to disclose.
🔹 Comparison with Indian Evidence Act, 1872
| IEA, 1872 | BSA, 2023 |
|---|---|
| Limited scope for electronic records | Wide recognition of digital/electronic evidence |
| Outdated (colonial language, 19th-century examples) | Simplified, modernized language |
| Witness must appear physically | Video conferencing allowed |
| Secondary evidence restricted | Wider acceptance of digital secondary evidence |
| Presumption rules limited | Stronger presumptions for govt. e-records, blockchain, signatures |
🔹 Practical Importance for Lawyers
- Cybercrime & digital fraud cases → stronger evidentiary value.
- Bail arguments → electronic call data, CCTV, GPS crucial.
- Civil disputes → digital contracts, blockchain property records valid.
- Corporate law → Emails & digital agreements now primary evidence.
🔹 Case Study Example
- Scenario:
X is accused of fraud in an online transaction.- Evidence: WhatsApp chats, payment gateway logs, bank e-records, CCTV of ATM withdrawal.
- Under IEA (1872): each had to be certified + cumbersome.
- Under BSA (2023): all digital records directly admissible if server logs are intact.
✅ X can be convicted/acquitted faster, reducing delay in trials.
🔹 Summary
- BSA, 2023 modernizes Indian evidence law.
- Focus on digital proof, speedy trial, protection of witnesses.
- Essential for criminal, civil, family, corporate & cyber lawyers.
- Future-ready law aligning with global digital justice systems.
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