Electronic Evidence submission -Digital Certificate :Navigating Criminal Law Reforms: Part III – Bharatiya Sakshya Adhiniyam 2023

by

Navigating Criminal Law Reforms: Part III – Bharatiya Sakshya Adhiniyam 2023

Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a new law that updates the Indian Evidence Act, 1872 (IEA). This law was introduced in the Indian Parliament in August 2023 and passed in December 2023. It includes important updates, especially regarding the use of electronic evidence in legal cases.

Key Changes Introduced in the BSA

  1. Removal of Colonial and Archaic Terms
    • The BSA removes old terms related to British rule and replaces them with modern terms. For example, ‘vakil’ and ‘pleader’ are now ‘advocate’, and ‘lunatic’ is now ‘person of unsound mind’.
  2. Territorial Application of the BSA
    • Unlike the old law, the BSA does not specify that it only applies to India. This means that digital evidence from outside India can also be used in Indian courts.
  3. Addition of Section 2(2) of the BSA
    • This new section says that if a word or phrase is not defined in the BSA, it will have the same meaning as in other relevant laws, like the Information Technology Act, 2000.
  4. Application to Courts-martial
    • The BSA now applies to military courts, which were not covered by the old law.
  5. Changes Related to Electronic and Digital Records
    • Definition of “Document”: The BSA includes electronic and digital records, like emails and documents on computers, as documents.
    • Definition of “Evidence”: Electronic statements and records are now considered evidence.
    • Electronic or Digital Form of Official Gazette: These are now admissible as evidence.
    • Primary Evidence: Certain electronic and digital records are now considered primary evidence.
    • Admissibility of Electronic Evidence: Electronic records have the same legal value as other documents.
    • Section 63 of the BSA: This section now includes electronic records copied in various media and produced by any communication device.
    • Certificate Format: A specific format for a certificate must be submitted with electronic evidence.
    • Electronic and Digital Signature: Digital signatures are now included.
  6. Other Key Changes
    • Facts in Issue: Facts connected with a relevant fact are now relevant.
    • Coercion: Coercion is now a reason to disqualify a confession in a criminal case.
    • Joint Trial: A trial held without an accused who has run away or not complied with a proclamation is considered a joint trial.
    • Experts: Experts can now give opinions on more fields.
    • Judicial Notice: The court must take notice of all laws in force in India and international treaties.
    • Secondary Evidence: Oral and written admissions are now considered secondary evidence.
    • Proper Custody: A document is in proper custody if it is kept in the required place and looked after by the required person.
    • Accomplice: The conflict regarding the testimony of an accomplice has been resolved, making it admissible if corroborated.

Concluding Remarks

The BSA aims to update the old evidence law to include digital evidence, keeping up with modern times. The Standing Committee expressed concern about the possibility of tampering with electronic evidence and recommended adding safeguards. Most changes align with other new laws and will speed up the trial process, resulting in faster justice.

This detailed explanation should help laypeople understand the process of submitting digital evidence under the Bharatiya Sakshya Adhiniyam, 2023.

Leave a Comment