The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is an Act of the Parliament of India, enacted to consolidate and provide for the general rules and principles of evidence for a fair trial. It was introduced by Home Minister Amit Shah and received the President of India's assent on December 25, 2023, with a commencement date of July 1, 2024. The BSA was created to replace the colonial-era Indian Evidence Act, 1872 (IEA), which was considered outdated in the context of modern legal and technological advancements. The problem it solved was the need to modernize the legal framework for the admissibility and evaluation of evidence, especially by incorporating contemporary technological advancements.
The BSA consists of 170 sections, an increase from the 167 sections in the IEA, with 23 sections modified, five removed, and one added. A key mechanism of the BSA is the explicit inclusion of electronic and digital evidence, which is now recognized in the expanded definition of "documents". Crucially, the BSA classifies electronic records as primary evidence, a significant change from the IEA, which categorized them as secondary evidence. The Act also allows for oral evidence to be given electronically, permitting witnesses, accused persons, and victims to testify through electronic means. While retaining most of the IEA's core provisions on confessions, relevancy of facts, and the burden of proof, the BSA removes antiquated colonial terminology and extends its scope to include military courts. The BSA is part of a broader overhaul of India's criminal justice system, connecting directly to the Bharatiya Nyaya Sanhita, 2023 (which replaces the Indian Penal Code, 1860) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaces the Code of Criminal Procedure, 1973).