Act Overview
Full Title: Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)
Replaces: Indian Evidence Act (IEA), 1872
Enacted: 25 December 2023 | Effective: 1 July 2024
Total Sections: 170 (vs 167 in IEA)
Key Change: Electronic and digital evidence formally recognized as primary evidence
What is BSA?
The Bharatiya Sakshya Adhiniyam modernizes India's 150-year-old evidence law. The most significant change is the formal recognition of electronic evidence as primary evidence (rather than secondary). This includes emails, digital documents, server logs, social media posts, WhatsApp messages, CCTV footage, and electronic records. The Act retains most fundamental evidence principles from the IEA while updating them for the digital age.
Key Changes from IEA to BSA
The biggest reform in BSA:
- Electronic records are now primary evidence (Sec. 57) — under IEA, they were treated as secondary evidence requiring a certificate under Sec. 65B
- Section 63: Electronic evidence must be accompanied by a certificate from a person responsible for the computer/device, confirming authenticity
- Admissible forms: Emails, digital documents, server logs, social media posts, call records, CCTV footage, GPS data, financial transaction records
- Hash value: Courts may require hash value to establish integrity of electronic evidence
Always preserve electronic evidence with proper hash values and chain of custody documentation. Screenshots alone may not be sufficient — collect with metadata intact and get a certificate from the device/server administrator.
- Primary evidence: Original document or electronic record produced before court
- Secondary evidence: Certified copies, counterparts, oral accounts of document contents — now includes electronic copies with authenticity certificate
- Public documents: Government gazettes, court records, public registers treated as primary evidence
- Competency: All persons are competent to testify unless prevented by tender age, extreme old age, disease, or mental incapacity
- Hostile witness: Court may permit cross-examination of own witness with permission
- Audio-video testimony: BSA allows electronic presentation of witness testimony in appropriate cases
- Joint trials: Evidence of co-accused can be considered if independently corroborated
IEA to BSA — Key Section Mapping
| Concept | IEA Section | BSA Section |
|---|
| Relevant Facts | 5-16 | 5-16 |
| Admissions | 17-23 | 17-21 |
| Confessions | 24-30 | 22-28 |
| Dying Declaration | 32 | 26 |
| Documentary Evidence | 61-90 | 57-81 |
| Electronic Evidence Certificate | 65B | 63 |
| Burden of Proof | 101-114 | 104-120 |
| Witness Examination | 135-166 | 118-151 |
Related Resources
Need Help with Evidence-Related Matters?
Expert guidance on electronic evidence, document admissibility, and witness examination.