Bharatiya Sakshya Act, 2023
Evidence Act of The Republic of India
From Wikipedia, the free encyclopedia
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) (IAST: Bhāratīya Sākśya Adhiniyam; lit. 'Indian Evidence Act, 2023 (IEA)') is an act of the Parliament of India.[1][2][3]
| Bharatiya Sakshya Adhiniyam, 2023 lit. 'Indian Evidence Act, 2023' | |
|---|---|
.svg) | |
| Parliament of India | |
| |
| Citation | Act No. 47 of 2023 |
| Territorial extent |  India |
| Passed by | Lok Sabha |
| Passed | 20 December 2023 |
| Passed by | Rajya Sabha |
| Passed | 21 December 2023 |
| Assented to by | President of India |
| Assented to | 25 December 2023 |
| Commenced | 1 July 2024 |
| Legislative history | |
| Initiating chamber: Lok Sabha | |
| Bill title | Bharatiya Sakshya (Second) Bill, 2023 |
| Introduced by | Home Minister, Amit Shah |
| Introduced | 12 December 2023 |
| Committee responsible | Parliamentary Standing Committee |
| Passed | 20 December 2023 |
| Voting summary |
|
| Revising chamber: Rajya Sabha | |
| Bill title | Bharatiya Sakshya (Second) Bill, 2023 |
| Received from the Lok Sabha | 20 December 2023 |
| Member(s) in charge | Home Minister, Amit Shah |
| Passed | 21 December 2023 |
| Voting summary |
|
| Final stages | |
| Finally passed both chambers | 21 December 2023 |
| Repeals | |
| Indian Evidence Act, 1872 | |
| Related legislation | |
| Bharatiya Nyaya Sanhita, 2023 Bharatiya Nagarik Suraksha Sanhita | |
| Status: In force | |
Background and timeline
- On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Sakshya Bill, 2023 in Lok Sabha.
- On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.
- On 12 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Lok Sabha.
- On 20 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Lok Sabha.[4]
- On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Rajya Sabha.
- On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Rajya Sabha.
- On 25 December 2023, the Bharatiya Sakshya (Second) bill, 2023 received the assent of the President of India.[5][6]
Structure
The Act consists of 170 sections as opposed to the 167 sections in the previous Indian Evidence Act. Of these 167 sections, 23 sections have been modified, five removed, and one more section added.[7][8][9][10]
| Part | Chapters | Section | Classification of Offences |
|---|---|---|---|
| Part 1 | Chapter 1 | Section 1 to 2 | Preliminary |
| Part 2 | Chapter 2 | Section 3 to 50 |
|
| Part 3 On Proof |
Chapter 3 | Section 51 to 53 | Facts Which Need Not Be Proved |
| Chapter 4 | Clauses 54 to 55 | Of Oral Evidence | |
| Chapter 5 | Section 56 to 93 |
| |
| Chapter 6 | Section 94 to 103 | Of The Exclusion Of Oral Evidence By Documentary Evidence | |
| Part 4 Production And Effect Of Evidence |
Chapter 7 | Section 104 to 120 | Of The Burden Of Proof |
| Chapter 8 | Section 121 to 123 | Estoppel | |
| Chapter 9 | Section 124 to 139 | Of Witnesses | |
| Chapter 10 | Section 140 to 168 | Of Examination Of Witnesses | |
| Chapter 11 | Section 169 | Of Improper Admission And Rejection Of Evidence | |
| Chapter 12 | Section 170 | Repeal And Savings | |
Criticism
The new law makes it difficult for defendants to defend themselves at court and encourages prosecutors to produce potentially dubious evidence.[11]
