what’s new in Bharatiya Sakshya Adhiniyam, 2023 Explained: Key Differences from Indian Evidence Act, FAQs & Full Comparison Table
A courtroom where justice hangs in the balance—yet a crucial piece of evidence is rejected, not because it’s false, but because it wasn’t submitted the “right” way. For decades, our legal system struggled with outdated rules that couldn’t keep pace with the digital revolution. WhatsApp chats, emails, screenshots—real evidence from real lives—often got lost in legal grey zones.
But in this present period, India has taken a bold leap forward. With the introduction of the Bharatiya Sakshya Adhiniyam, 2023, the age-old Indian Evidence Act of 1872 has been replaced—marking a historic transformation in how truth is discovered in our courts. This is not just a procedural update—it’s a reform that touches the very soul of justice delivery in the digital age.
the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is enacted to consolidate and provide for general rules and principles of evidence for a fair trial. However, pending applications, trials, inquiries, investigations, proceedings, or appeals that were ongoing immediately before the BSA came into force will be dealt with under the provisions of the IEA, 1872, as if the BSA had not come into force.
Table of Content
- When did the Bhartiya Sakshya Adhiniyam, 2023 come into effect?
- Why was the Indian Evidence Act replaced?
- What are the key changes in the Bhartiya Sakshya Adhiniyam?
- Does the new Evidence law affect ongoing trials started under the old Act?
- What is the aim and objective of the Bhartiya Sakshya Adhiniyam?
1.When did the Bhartiya Sakshya Adhiniyam, 2023 come into effect?
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023), received presidential assent on December 25, 2023. It officially came into effect on July 1, 2024, replacing the Indian Evidence Act of 1872.
2.Why was the Indian Evidence Act replaced?
The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam, 2023 to consolidate and provide for general rules and principles of evidence for a fair trial. The new Adhiniyam repeals and replaces the earlier Act.
The changes introduced in the BSA suggest it was enacted to modernise the law of evidence, particularly by incorporating electronic and digital records into the definitions of “document” and “evidence” and providing specific provisions for their admissibility. While the IEA had been previously amended by the Information Technology Act, 2000 to include electronic records, the sources indicate that “much remains to be done to make it comprehensively adequate to face any modern challenges”.
Additionally, the BSA updates terminology, removes colonial vestiges from the text and illustrations, and aligns references to other laws with the newly enacted Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023.
3.What are the key changes in the Bhartiya Sakshya Adhiniyam in compare to Indian Evidence Act?
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) repeals and replaces the Indian Evidence Act, 1872 (IEA), introducing several key changes. These changes aim to modernise the law of evidence, particularly concerning electronic and digital records, update terminology, and align the law with other new criminal statutes.
Here is a table outlining the key changes:
| Aspect Compared | Indian Evidence Act, 1872 (IEA) Provision(s) | Bharatiya Sakshya Adhiniyam, 2023 (BSA) Provision(s) | Key Change | Source(s) |
| Territorial Extent | Extended to the whole of India | Section 1 | Excludes the provision of territorial extent. | |
| Structure of Definitions | Interpretation clauses in paragraphs (Section 3) | Definitions under Section 2(1) with individual alphabetical clauses | Changes structure to use individual alphabetical clauses for definitions. | |
| Exclusion of ‘India’ Definition | Section 3 included interpretation of “India” | Section 2(1) excludes this interpretation | Removes the definition of “India”. | |
| Incorporation of Definitions from Other Laws | Not applicable | Newly added Section 2(2) | New clause stating words/expressions not defined in BSA but defined in IT Act, BNSS, and BNS shall have the same meanings. | |
| Expanded Definition of ‘Document’ | Section 3 (para 5) | Section 2(1)(d) | Explicitly includes “electronic and digital records”. Adds “or otherwise recorded” and “or any other means”. | |
| Expanded Definition of ‘Evidence’ | Section 3 (para 6), Section 3(a) | Section 2(1)(e) | Includes “statements given electronically” and “digital evidence”. | |
| New Provision on Admissibility of Electronic/Digital Records | Addressed partially by IT Act amendments (Sections 65A, 65B added) | Section 61 | Newly added section 61 stating admissibility of electronic/digital records cannot be denied solely on their form, subject to Section 63. | |
| Admissibility of Electronic Records (Computer Output) | Section 65B (added by IT Act) | Section 63 | Retains and expands upon conditions for admissibility. Adds “semiconductor memory”, “communication device”. Specifies requirements for the accompanying certificate under Section 63(4). | |
| Proof of Facts by Oral Evidence | Section 59 | Section 54 | Excludes “electronic records” from facts that can be proved by oral evidence. | |
| Primary Evidence – Electronic/Digital Records | Section 62 | Section 57 | Adds a new explanation (Explanation 4) stating that each file is primary evidence when an electronic/digital record is stored simultaneously or sequentially in multiple files. | |
| Secondary Evidence – Oral/Written Admissions | Section 63 (lists 5 types) | Section 58 (adds 3 types) | Adds oral admissions (vi) and written admissions (vii) as types of secondary evidence. Also adds evidence from examination of numerous accounts (viii). | |
| Opinion of Examiner of Electronic Evidence | Section 45A (added by IT Act) [39(2)] | Section 39(2) [39(2)] | Included as a subsection and designated as an expert opinion [39(2)]. | [39(2)] |
| Presumption as to Electronic Agreements | Section 85A (added by IT Act) | Section 85 | Adds the words “or digitals”. | |
| Presumption as to Electronic Messages | Section 88A (added by IT Act, had explanation) | Section 90 (Explanation excluded) | Excludes the explanation present in the IEA provision, which stated there was no presumption regarding the sender, only the authenticity of the message. | |
| Presumption as to Electronic Records Five Years Old | Section 90A (added by IT Act) | Section 93 | Adds a new explanation regarding proper custody, similar to the explanation added in BSA Section 80. The IEA provision allowed presumption regarding the digital signature affixed if from proper custody. | |
| Scope of Expert Opinions | Section 45 [39(1)] | Section 39(1) [39(1), 132] | Expands the scope by adding “or any other field” to the list of areas where expert opinion is relevant [39(1), 132]. | [39(1), 132] |
| Facts Judicially Noticeable | Section 57 (lists 13 points) | Section 52 (re-enumerated) | Removes colonial vestiges and re-enumerates the facts. Adds a new clause (b) covering international treaties, agreements, conventions, and decisions made by India at international associations or bodies. | |
| Confessions caused by inducement, threat, coercion or promise | Sections 24, 28, and 29 | Section 22 | Combines the provisions of IEA Sections 24, 28, and 29 into a single section. Adds “coercion” as a factor that makes a confession irrelevant if caused by it. IEA Sections 28 and 29 are now provisos. Confessions to police or in police custody remain generally inadmissible. | |
| Consideration of Proved Confession of Co-accused | Section 30 | Section 24 | Adds a new explanation II clarifying that a trial held in the absence of an absconding accused under BNSS Section 84 shall be deemed a joint trial for the purpose of this section. | |
| Accomplice Testimony | Section 133 (“merely because”) | Section 138 (“if”) | Changes the phrasing from “A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice” to “A conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice”. This phrasing change may place a stronger emphasis on corroboration. | |
| Conclusive Proof of Legitimacy | Section 112 refers to “son” | Section 116 refers to “child” | Replaces “son” with “child”, making the provision gender-neutral. | |
| Estoppel of Tenant and Licensee | Section 116 | Section 122 | Adds the words “or any time thereafter”. | |
| Updates to References to Other Laws | Refers to IPC, CPC etc. | Refers to BNS, BNSS, CPC etc. | Updates references to repealed laws like the Indian Penal Code (IPC) by replacing them with corresponding sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). | |
| Terminology Updates (General) | Uses various terms like “vakils”, “barrister, pleader, attorney”, “lunatic”, old city names etc. | Uses terms like “advocates”, “person of unsound mind”, updated city names, etc. | Replaces older terms with modern equivalents (e.g., “advocates” for various legal roles, “A person of unsound mind” for “Lunatic”) and updates city names in illustrations. | |
| Judge’s Power to Put Questions | Section 165 (uses words “proper”, “please”, “relevant or irrelevant”, “agents”) | Section 168 (excludes words, uses “representatives”) | Excludes certain subjective words and replaces “agents” with “representatives”. | |
| Repeal and Savings | Was the Act being repealed | Section 170 | Newly added section formally repealing the Indian Evidence Act, 1872. Includes a savings clause stating that ongoing proceedings commenced before the BSA comes into force shall be dealt with under the provisions of the IEA, 1872. |
This table summarises the principal differences highlighted in the provided sources between the two Adhiniyam/Act.
Read More: Sections 61, 62, and 63 of the Bharatiya Sakshya Adhiniyam(BSA): Admissibility of electronic records
4.Does the new Evidence law affect ongoing trials started under the old Act?
No, the new Evidence law does not affect trials that started under the old Indian Evidence Act, 1872. Specifically, Section 170(2) of the BSA states that if any application, trial, inquiry, investigation, proceeding, or appeal was pending immediately before the date the BSA came into force, it shall be dealt with under the provisions of the Indian Evidence Act, 1872, as if the BSA had not come into force.
5.What is the aim and objective of the Bhartiya Sakshya Adhiniyam?
The main objective of the BSA is to:
- Provide fair trial procedures
- Ensure clarity and consistency in evidence rules
- Address challenges of digital evidence
- Modernise language and structure of the law
- Remove colonial-era practices
Read More: How to prove WhatsApp chats and social media records under the IEA and BSA?
FAQs on the Bharatiya Sakshya Adhiniyam, 2023:
❓ What is Bharatiya Sakshya Adhiniyam, 2023?
The Bharatiya Sakshya Adhiniyam, 2023 is India’s new law on the rules of evidence, which replaces the colonial-era Indian Evidence Act, 1872. This Act lays down how evidence must be presented and admitted in Indian courts. It modernizes the evidentiary framework, especially with respect to electronic and digital records, aligning it with today’s technological advancements.
❓ How many sections are in Bharatiya Sakshya Adhiniyam, 2023?
The Bharatiya Sakshya Adhiniyam, 2023 contains a total of 170 sections divided across 11 chapters. These sections cover all aspects of documentary, oral, electronic, and circumstantial evidence relevant in civil and criminal proceedings.
❓ What is the new Evidence Act 2023?
The new Evidence Act 2023, officially called the Bharatiya Sakshya Adhiniyam, 2023, is a modern Indian law that governs the admissibility and relevancy of evidence in courts. It replaces the Indian Evidence Act, 1872, and introduces new provisions for electronic evidence, clearer definitions, and a more updated legal structure in tune with digital India.
❓ What is new in Bharatiya Sakshya Adhiniyam?
The Bharatiya Sakshya Adhiniyam introduces several important changes, including:
- Dedicated provisions for electronic and digital records (like WhatsApp chats, emails, digital signatures)
- Simplified language to make the law more accessible
- Removal of outdated colonial-era references
- Clear guidelines for electronic evidence admissibility (e.g., Section 61)
❓ What is the main objective of Bharatiya Sakshya Adhiniyam?
The main objective of the Bharatiya Sakshya Adhiniyam, 2023 is to:
- Provide a modern, simplified, and technology-compatible framework for evidence laws in India
- Ensure that digital and electronic evidence is legally recognized and admitted fairly
- Promote transparency, justice, and speedy trials through clear rules of evidence
❓ What is the difference between Evidence Act and Bharatiya Sakshya Adhiniyam?
| Feature | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Origin | Colonial-era (British) | Indigenous (Made in India) |
| Sections | 167 sections | 170 sections |
| Electronic Evidence | Limited recognition (Sec 65B) | Detailed provisions (Sec 61 & others) |
| Language & Structure | Archaic | Modern & simplified |
❓ Who wrote Bharatiya Sakshya Adhiniyam?
The Bharatiya Sakshya Adhiniyam, 2023 was drafted by the Ministry of Home Affairs, Government of India, under the leadership of Union Home Minister Shri Amit Shah, as part of the broader initiative to decolonize Indian criminal laws and make them citizen-centric.
❓ What is zero FIR?
A Zero FIR is an FIR that can be filed at any police station, regardless of where the offense occurred. It is called “zero” because the police register it with zero serial number and then transfer it to the appropriate jurisdictional police station.
❓ What is the full form of BNS?
The full form of BNS is Bharatiya Nyaya Sanhita, 2023. It replaces the Indian Penal Code (IPC), 1860, and forms part of the new criminal justice system in India, along with the Bharatiya Sakshya Adhiniyam (BSA) and Bharatiya Nagarik Suraksha Sanhita (BNSS).
❓ What is the application of Bharatiya Sakshya Adhiniyam?
The Bharatiya Sakshya Adhiniyam applies to all judicial proceedings in India, both civil and criminal, in every Indian court, tribunal, and authority that accepts evidence. It does not apply to affidavits and arbitration proceedings unless specified.
❓ What is the meaning of Sakshya Adhiniyam?
The term ‘Sakshya Adhiniyam’ is derived from Sanskrit/Hindi where:
- ‘Sakshya’ means evidence
- ‘Adhiniyam’ means Act or Law
So, Sakshya Adhiniyam translates to the “Law of Evidence.”
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