The Bharatiya Sakshya Adhiniyam, 2023
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Act details
| Short title | The Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|
| Long title | An Act to consolidate and to provide for general rules and principles of evidence for fair trial. |
| Act number | 47 of 2023 |
| Act year | 2023 |
| Enactment date | 25 Dec 2023 |
| Ministry | Ministry of Home Affairs / Department of Internal Security |
| Department | Department of Internal Security |
| Jurisdiction | Central (Parliament of India) |
| Sections | 170 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 28 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 is an Indian legislation governing evidence rules for fair trials, applicable to all judicial proceedings in India, excluding affidavits and arbitrator proceedings, effective from 1st July, 2024.
Key Provisions
1. Application and Commencement
• Applies broadly across Indian judicial proceedings.
• Effective as of 1st July, 2024.
2. Definitions
• Evidence: Encompasses oral and documentary evidence.
• Document: Includes electronic/digital records.
3. Structural Overview
• Organized into parts covering preliminary aspects, relevancy of facts, admissions, and proof.
4. Procedural Highlights
• Charging Multiple Offences: Allows for separate charges and convictions for multiple offences committed in a single act or series of acts .
• Doubtful Offences: Permits charging for all or any suspected offences when the exact offence is doubtful, with the flexibility to convict based on evidence (Section 244).
Legislative history
Legislative History:
The Bharatiya Sakshya Adhiniyam, 2023
Source: Official Record of Parliament, India Code, and Ministry of Home Affairs
Act Title - The Bharatiya Sakshya Adhiniyam, 2023
Act Number - Act No. 47 of 2023
Act ID (India Code) - 202347
Presidential Assent date - December 25, 2023
Enforcement Date - July 01, 2024
Nodal Ministry - Ministry of Home Affairs
Precedent & Historical Rationale
● Repeal of the Indian Evidence Act, 1872: Repeals the 151-year-old Indian Evidence Act, 1872 (1 of 1872) to modernize the rules of evidence, remove colonial terminology, and reflect contemporary judicial standards.
● Equal Status for Electronic and Digital Evidence: Grants electronic and digital records the same legal effect, validity, and enforceability as physical documents, establishing detailed procedures for authentication, custody, and primary/secondary evidence of digital media.
Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Union Minister of Home Affairs, Shri Amit Shah, as part of a major overhaul of India's criminal justice system alongside the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
● Parliamentary Passage: Introduced in the Lok Sabha on August 11, 2023; referred to the Standing Committee on Home Affairs; re-introduced as Bill No. 172 of 2023 on December 12, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023.
● Presidential Assent: Received the assent of the President of India on December 25, 2023.
● Enforcement: Enforced on July 01, 2024.