BHARATIYA SAKSHYA
ADHINIYAM 2023
.
INTRODUCTION
• Law of evidence seeks to
consolidate laws relating to evidence
based on which court draw conclusion
about the facts of the case and
pronounce judgement.
• BSA has consolidated different
provisions dealing with same subject
matters by clubbing them together.
MINISTRY
OF HOME
AFFAIRS
5
REPEALED
23
MODIFIED
1
ADDED
INDIAN EVIDENCE ACT-167
SECTIONS
BHARATHIYA SAKSHYA ADHINAYAM-170
SECTIONS
DOCUMENTARY
EVIDENCE(PRIMARY
EVIDENCE)
• INDIAN EVIDENCE ACT(IEA):
• Primary evidence refers to documents itself
(section 62)
• BHARATIYA SAKSHYA ADHINIYAM(BSA):
• Digital and electronic records(video graph and
photo graph) also included (section 57)
SECONDARY EVIDENCE
• IEA: Copies made from or compared with
original(section 63)
• BSA: Additional categories such as oral
admissions, written submission, evidence of an
expert examining original document (section 58)
CONFESSION
• BSA: Confession obtained
using inducement, threat,
coercion or promise are
generally irrelevant.
• But it is relevant when the
court accepts, which is in the
criminal proceedings(section
22)
EXPERT OPINION
• IEA: Only handwriting experts opinions are
admissible in court (section 45)
• BSA: In addition to expert opinion in case of
handwriting and signature, any person acquainted
with the same can form an opinion before court
(section 39)
ADMISSIBILITY OF
ELECTRONIC OR DIGITAL
RECORD
• Section 61 ensures that digital or electronic records will have the
same legal effect, validity and enforceability as other documents.
• Section 63 provides certain conditions for admissibility of e-records
such as e-record producing computer or device was used regularly,
operating properly , etc.,
• Electronic record as printed on paper stored or copied in optical or
magnetic media or semi conductor memory which is produced by a
computer or any communication devices are considered as
documents.
