Bharatiya Sakshya Bill 2023: Modernizing Evidence Law in India

Introduction to Evidence Law in India

The Indian Evidence Act, 1872 (IEA) serves as the foundation for how evidence is presented in Indian courts. It applies to all civil and criminal cases, ensuring a standardized approach to evidence. Over the years, the Act has undergone significant amendments to adapt to changing societal needs.

For instance, in 2000, amendments were introduced to include electronic records as secondary evidence. A significant change in 2013 focused on the issue of consent in rape cases, placing the burden of proof on the accused while disregarding the victim's past sexual history during consent determination.

Bharatiya Sakshya Bill, 2023 Overview

The Bharatiya Sakshya Bill, 2023 (BSB) aims to replace the Indian Evidence Act. Its primary goal is to modernize and simplify the evidence laws in India.

Key Highlights of the Bharatiya Sakshya Bill

• Replacement of Indian Evidence Act: The BSB updates the IEA while preserving essential provisions related to confessions, fact relevancy, and burden of proof.
• Types of Evidence: It maintains the IEA's distinction between documentary evidence (including originals and proofs of original content) and oral evidence.
• Electronic Records as Primary Evidence: The BSB redefines electronic records, such as data stored in semiconductor memory or communication devices, allowing them to be classified as primary evidence.
• Expansion of Secondary Evidence: This bill broadens the scope to include oral and written admissions, along with testimonies from experts in document examination.

Key Issues and Analysis

Despite its progressive approach, the BSB raises several concerns regarding evidence admissibility and the integrity of electronic records. The Supreme Court has underscored the risk of tampering with electronic records. While the BSB permits their admissibility, it lacks robust measures to prevent tampering or contamination during investigations.

Furthermore, the Bill retains the requirement for certification of electronic records for admissibility, which may conflict with its classification as documents that do not require certification. This potential contradiction needs addressing to ensure clarity in legal proceedings.

Additionally, the BSB maintains the admissibility of facts discovered from an accused in custody, but concerns about coercion and insufficient safeguards remain prevalent. Although the Law Commission suggested removing the distinction in information obtained from an accused in or out of police custody, the BSB did not adopt this change.

Lastly, the recommendation for presuming police liability for injuries sustained by an accused in custody, as suggested by the Law Commission, has not been included in the BSB, raising further concerns about accountability.

Conclusion

The Bharatiya Sakshya Bill, 2023 represents a significant step towards modernizing India's evidence laws. However, it is crucial to address the highlighted issues to ensure that the legal framework is both robust and fair, particularly concerning the treatment of electronic records and the rights of individuals in custody.

Frequently Asked Questions (FAQs)

Q1. What is the purpose of the Indian Evidence Act, 1872?
Answer: The Indian Evidence Act, 1872 governs the presentation of evidence in Indian courts, applicable to both civil and criminal cases, ensuring a standardized legal process.

Q2. What are the key changes in the Bharatiya Sakshya Bill, 2023?
Answer: The BSB aims to modernize evidence laws by redefining electronic records as primary evidence and enlarging the scope of secondary evidence, among other updates.

Q3. How does the BSB address electronic records?
Answer: The BSB classifies electronic records as primary evidence, redefining their admissibility and expanding the scope of secondary evidence related to them.

Q4. What concerns exist regarding the BSB's approach to custodial information?
Answer: The BSB maintains the admissibility of information obtained from accused individuals in custody, raising concerns about coercion and the lack of adequate safeguards for their rights.

Q5. What recommendations from the Law Commission were not included in the BSB?
Answer: The BSB did not include recommendations to remove distinctions in information obtained from accused individuals in or out of custody or to presume police liability for injuries in custody.

UPSC Practice MCQs

Question 1: What is the primary function of the Indian Evidence Act, 1872?
A) To define criminal procedures
B) To govern evidence presentation in courts
C) To outline civil rights
D) To establish police powers
Correct Answer: B

Question 2: What significant change was made to the IEA in 2013?
A) Inclusion of electronic records
B) Focus on consent in rape cases
C) Removal of confessions
D) Simplification of legal terms
Correct Answer: B

Question 3: What does the Bharatiya Sakshya Bill aim to do?
A) Maintain the status quo
B) Replace the Indian Evidence Act
C) Introduce more amendments
D) Limit electronic evidence
Correct Answer: B

Question 4: How does the BSB treat electronic records?
A) As secondary evidence
B) As primary evidence
C) As inadmissible
D) As irrelevant
Correct Answer: B