The Bharatiya Sakshya Adhiniyam, 2023 (IAST: Bhāratīya Sākśya Adhiniyam; lit. 'Indian Evidence Act') is an Act of the Parliament of India.[1][2][3]
| Bharatiya Sakshya Adhiniyam, 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 | |
| First 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 |
|
| Second 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 | |
| Related legislation | |
| Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita | |
| Status: In force | |
Background and timeline
edit- 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- On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.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
editThe Adhiniyam 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 | Clauses | Classification of Offences |
|---|---|---|---|
| Part 1 | Chapter 1 | Clauses 1 to 2 | Preliminary |
| Part 2 | Chapter 2 | Clauses 3 to 50 |
|
| Part 3 On Proof |
Chapter 3 | Clauses 51 to 53 | Facts Which Need Not Be Proved |
| Chapter 4 | Clauses 54 to 55 | Of Oral Evidence | |
| Chapter 5 | Clauses 56 to 93 |
| |
| Chapter 6 | Clauses 94 to 103 | Of The Exclusion Of Oral Evidence By Documentary Evidence | |
| Part 4 Production And Effect Of Evidence |
Chapter 7 | Clauses 104 to 120 | Of The Burden Of Proof |
| Chapter 8 | Clauses 121 to 123 | Estoppel | |
| Chapter 9 | Clauses 124 to 139 | Of Witnesses | |
| Chapter 10 | Clauses 140 to 168 | Of Examination Of Witnesses | |
| Chapter 11 | Clauses 169 | Of Improper Admission And Rejection Of Evidence | |
| Chapter 12 | Clauses 170 | Repeal And Savings |
Criticism
editThe new law makes it difficult for defendants to defend themselves at court and encourages prosecutors to produce potentially dubious evidence.[11]
See also
editReferences
edit- ^ Singh, Vijaita (11 August 2023). "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu.
- ^ "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.
- ^ ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.
- ^ Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.
- ^ "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. 25 December 2023.
- ^ "President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023". News on Air. 26 December 2023.
- ^ "Parliament panel adopts reports on bills to replace existing criminal laws". The New Indian Express. 14 November 2023.
- ^ "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.
- ^ Ghosh, Sanchari (11 August 2023). "'Will repeal offence of sedition,' Amit Shah introduces 3 bills in Parliament". mint.
- ^ "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.
- ^ "From Legislation to Litigation: Hurdles and Prospects in the Freshly Minted Bharatiya Sakshya Bill, 2023". legalserviceindia.com. Retrieved 30 June 2024.