Bhartiya Sakshya Bill, 2023 will repeal the Indian Evidence Act, 1872. The Act provides rules for the admissibility of evidence in legal proceedings. Background
The Evidence Act was enacted in 1872 with a view to consolidate the laws relating to evidence on which the court could come to a conclusion and pronounce the judgment.
The law of evidence (not being substantive or procedural law), falls in the category of ‘adjective law’, which defines the pleading and methodology by which the substantive or procedural laws are operationalised.
• The existing law does not address the technological advancement undergone in the country during the last few decades.
Major Provisions of the Bill
Electronic or digital records as evidence: It provides that electronic or digital records will have the same legal effect as paper records. o It expands electronic records to include information stored in semiconductor memory or any communication devices (smartphones, laptops).
Oral evidence: Oral evidence includes statements made before Courts by witnesses in relation to a fact under inquiry. The Bill adds any information given electronically to be considered as oral evidence.
Joint trials: It refers to the trial of more than one person for the same offence. In a joint trial, if a confession made by one of the accused which also affects other accused is proven, it will be treated as a confession against both.
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