The law of evidence is a fundamental part of our legal system which is primarily based on the principle that an accused person is presumed to be innocent until proven guilty. It provides the rules and guidelines for determining what evidence can be presented in court, how it should be presented, and how it should be evaluated. Here are several reasons why evidence law is essential: Relevant, authentic, and obtained legally, evidence law promotes the reliability and accuracy of the information presented in court. This helps to ensure that judicial decisions are based on trustworthy and verifiable facts. In this article, we shall discuss objectives, salient features and the scheme of the Bharatiya Sakshya Adhiniyam, 2023

The Indian Evidence Act (IEA), originally passed by the Imperial Legislative Council in 1872, during the British Raj, provided for laws relating to evidence and assist courts in establishing facts of the case brought before it and pronouncing judgments based on such facts. The Bharatiya Sakshya Adhiniyam 2023, which replaced the Indian Evidence Act, 1872 is a landmark legislative effort aimed at overhauling and modernizing India’s evidence laws. It incorporates advancements in technology, aligning with contemporary legal reforms, and addressing long standing issues within the system.

The Bharatiya Sakshya Adhiniyam 2023, includes various forward looking provisions, such as, expansion of the definition of evidence to include electronic and digital records, expansion of definition of primary evidence, provision for admissibility of electronic or digital records as evidence, exclusion of privileged communication between the Ministers and the President of India from the purview of Courts, provision of certificate for handling of electronic and digital evidence, etc.

Relevance and Function of the Law of Evidence

• It ensures that both parties in a legal dispute have a fair opportunity to present their case.
• In the process of delivering justice, Courts not only have to go into the facts of the case but also ascertain the truthfulness of such assertions made by the parties. To ascertain these facts, the Law of Evidence plays an important role, being the procedural law in this aspect.
• It is this procedural law that provides in itself how fats are to be proved and when the same will be regarded as relevant by the Court in the administration of justice. By requiring that evidence be relevant, authentic, and obtained legally, evidence law promotes the reliability and accuracy of the information presented in court. This helps to ensure that judicial decisions are based on trustworthy and verifiable facts. Similarly, it helps the Courts in preventing the wastage of time upon irrelevant issues.
• It helps to prevent biased or irrelevant information from influencing the outcome of a trial. It protects the rights of individuals by setting standards for how evidence must be obtained and presented.
• It lays down the principles and rules according to which the facts of a case may be proved or disproved in the Court of Law.
• It streamlines the judicial process by setting out what is admissible and what is not. This helps to avoid unnecessary delays and ensures that trials proceed in an orderly and efficient manner.
• In legal proceedings, there are often competing interests at play. Evidence law helps to balance these interests by ensuring that the rights of the accused are protected while also allowing the prosecution to present a compelling case. This balance is crucial for maintaining justice and fairness.
• It helps judges in deciding the rights and liabilities of the parties arising out of the facts presented to him for further application of the relevant laws.
• As technology evolves, so does the nature of evidence. Evidence law should be designed to adapt to these changes by incorporating rules for new types of evidence, such as electronic records and digital communications. This adaptability ensures that the legal system can effectively handle modern forms of evidence.

Objects of the Bharatiya Sakshya Adhiniyam, 2023

The object behind giving preamble of any Act is to indicate the object of the Legislature, in enacting the Act. The Bharatiya Sakshya Adhiniyam, 2023 is made with the Object of to consolidate and to provide for general rules and principles of evidence for fair trial.

In the State Bank of India v. Om Narain Agarwal, AIR 2011 All 169 case, the Court observed that the main function of the rule of evidence is to narrow down the scope of the dispute before the Court to the fact relating to that matter which has logical probative value in determining a fact and to prevent giving judgments based on illogical conclusions or prejudices and as an aid to the administration of justice.

In Ram Jas v. Surendra Nath, AIR 1980 All 385 case, the Court held that, the law of evidence does not affect the substantive rights of the parties but facilitates the course of justice. It lays down rules of guidance for the Courts. It is procedural in nature, proving how a fact can be proved.

Scheme of Bharatiya Sakshya Adhiniyam, 2023

There are 4 Parts, 12 Chapters and 170 Sections in the Act

Part	Chapter	Name of Chapter	Sections
Part I	Chapter I	Preliminary	Ss. 1 and 2
Part II	Chapter II	Relevancy of Facts	Ss. 3 to 50
Part III	Chapter III	Facts Which Need Not Be Proved	Ss. 51 to 53
Part III	Chapter IV	Oral Evidence	Ss. 54 and 55
Part III	Chapter V	Documentary Evidence	Ss. 56 to 93
Part III	Chapter VI	Exclusion of Oral Evidence By Documentary Evidence	Ss. 94 to 103
Part IV	Chapter VII	Burden of Proof	Ss. 104 to 120
Part IV	Chapter VIII	Estoppel	Ss. 121 to 123
Part IV	Chapter IX	Witnesses	Ss. 124 to 139
Part IV	Chapter X	Examination of Witnesses	Ss. 140 to 168
Part IV	Chapter XI	Improper Admission and Rejection of Evidence	S. 169
Part IV	Chapter XII	Repeal and Savings	S. 170

Salient Features of Bharatiya Sakshya Adhiniyam, 2023

• The new legislation will comprise 170 sections, marking an increase from the previous 167 sections of the Indian Evidence Act, 1872.
• 23 sections from the Indian Evidence Act, 1872 undergone updates, reflecting a comprehensive revision to align with contemporary legal needs.
• The Act introduces a new section, emphasizing the dynamic nature of the legal framework and the need for specificity in certain areas.
• Five sections have been removed from the Indian Evidence Act, 1872, streamlining the legal content and potentially eliminating obsolete or redundant provisions.
• In legislation the references to colonial terms, such as, ‘Parliament of the United Kingdom’, ‘Provincial Act’, ‘London Gazette’, ‘Commonwealth’, ‘Privy Council’, ‘Queen’s Printer’, ‘Her Majesty’, colonial proclamations and orders have been removed. Archaic terms like ‘vakil’, ‘pleader’, and ‘barrister’ have been replaced with ‘advocate’. Terms like ‘lunatic’ have also been replaced with more sensitive terminologies, like ‘person of unsound mind’.
• The Bharatiya Sakshya Adhiniyam (BSA) expands definition of document to include electronic records. Documentary evidence is classified into primary and secondary evidence, where primary evidence involves original documents, including electronic records and video recordings. Secondary evidence encompasses documents and oral accounts proving the contents of the original, a classification retained by the BSA.
• While the Indian Evidence Act confines oral evidence to statements made before courts, the Bharatiya Sakshya Adhiniyam of 2023 introduces the possibility of giving oral evidence electronically. This innovation allows witnesses, accused persons, and victims to testify electronically.
• Documentary evidence, according to the Bharatiya Sakshya Adhiniyam, now includes information in electronic records stored in various media, expanding to semiconductor memory and communication devices like smartphones and laptops. The Bharatiya Sakshya Adhiniyam asserts that electronic or digital records will hold the same legal weight as paper records, encompassing emails, server logs, locational evidence, and voice mails.
• The Bharatiya Sakshya Adhiniyam broadens secondary evidence to include oral and written admissions and testimony from a person skilled in document examination. Additionally, it specifies that secondary evidence may be required not only when the original is inaccessible or destroyed but also when the genuineness of the document is in question.
• It seeks to put limits on the facts which are admissible and its certification as such in the Courts.
• It includes electronic and digital signature.
• Addressing joint trials, the Bharatiya Sakshya Adhiniyam clarifies the treatment of a trial involving multiple persons when an accused has absconded or not responded to an arrest warrant. It explains that such a situation will be considered a joint trial, clarifying the Indian Evidence Act’s provisions on confessions affecting multiple accused parties.

Evidence Act is “Lex Fori”:

The term “Lex Fori” is a Latin phrase that translates to “law of the forum” or “law of the court.” “Lex Fori” means the law of the country in which an action is brought. It refers to the principle that the procedural rules and laws of the jurisdiction where a legal action is being heard or adjudicated govern the proceedings of the court. In the context of evidence law, the term “Lex Fori” implies that the rules and procedures related to the admissibility, presentation, and evaluation of evidence are determined by the laws of the forum or the jurisdiction in which the legal proceedings take place. Thus, the Evidence Act is “Lex Fori”. It means evidence is one of those matters which are governed by the law of the country in which the proceedings take place (lex fori).

All questions relating to the admission or rejection of evidence shall be determined by the law of the country where the question arises, where the remedy is sought to be enforced and where the court sits to enforce it. Where evidence is taken in one country in aid of a suit or action in another country, either on ordinary commission or with assistance of local courts, the law applicable to the recording of the evidence would be the law prevailing in the country where the proceeding is going on. For example, A lends money to B in England. they enter into a contract according to the English law. A brings an action against B in a court in India. A tenders evidence to prove his debt which is admissible under the law of England but is inadmissible under the law of India. The evidence is admissible so it cannot be adduced.

The principle of “Lex Fori” underscores the importance of understanding and adhering to the procedural rules of the jurisdiction where legal proceedings are taking place. It ensures consistency and fairness in the application of evidentiary rules within a particular legal system.

Applicability of the Bharatiya Sakshya Adhiniyam, 2024:

Section 1: Short Title, Application and Commencement

It is applicable to whole Inia. According to Section1(2) of the  Bharatiya Sakshya Adhiniyam, 2023, the Act applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator. The Act came into force on 1^st July 2024

Thus, according Section 1(2) of the Act,

• The Act is applicable to all judicial proceedings in or before Court including Courts-martial;
• The Act is not applicable to affidavits presented to any Court or officer;
• The Act is not applicable to arbitration proceedings.
• The Act has no application to enquiries conducted by the tribunals, even though they may be judicial in character; such tribunals follow rules of natural justice.

Conclusion:

The Bharatiya Sakshya Adhiniyam, 2023 is one of the most important legal frameworks governing the admissibility of evidence in Indian courts. It replaced the old evidence Act called The Indian Evidence Act, 1872. It outlines the rules related to the types of evidence that can be presented during a trial, the standards for their acceptance, and the responsibilities of those presenting evidence.

The Bharatiya Sakshya Adhiniyam provides a well-structured and comprehensive legal framework for handling evidence. It balances the need for both the protection of justice and the rights of individuals by establishing clear guidelines on what constitutes valid evidence. The Act ensures fairness in trials by establishing rules that prevent the introduction of unreliable or irrelevant evidence. This helps safeguard the integrity of the judicial process and ensures that judgments are based on reliable information. The Bharatiya Sakshya Adhiniyam plays a vital role in ensuring the efficiency and integrity of the judicial system by laying down clear protocols for the collection, presentation, and examination of evidence. This is essential in upholding the rule of law and ensuring justice in both civil and criminal cases.

In conclusion, the Bharatiya Sakshya Adhiniyam is a foundational piece of legislation that ensures a fair and transparent judicial process in India. While it has evolved with time, its core principles of justice, fairness, and reliability continue to be its guiding forces.