The Bharatiya Sakshya Adhiniyam (BSA), 2023 – Bare Act | LexisNexis

Bharatiya Sakshya Adhiniyam (BSA) is an updated version of the Indian Evidence Act of 1872, designed to address the emerging landscape of technology that the original 1872 law did not anticipate. This revised framework addresses the deficiencies in handling evidence as technology integrates deeply into legal processes.

While the previous law failed to accommodate the advancements in digital and electronic mediums, the Bharatiya Sakshya Adhiniyam introduces more precise and uniform rules of practice of courts in dealing with facts and circumstances of the case by means of evidence. Specifically, it acknowledges the legal validity of electronic or digital records, equating them with traditional paper records in terms of admissibility and enforceability.

Furthermore, the act broadens the definition of secondary evidence. This includes mechanical reproductions of original documents, copies verified against originals, and counterparts of documents not signed by all relevant parties. It also permits oral testimonies about document contents from witnesses who have seen the document, provided they can supply a matching hash # value of the original record, thus qualifying it as secondary evidence. This modernization ensures the legal system remains robust and reflective of current technological integrations.