Polity

Bharatiya Sakshya Adhiniyam 2023: Introducing Changes in Electronic Evidence Provisions

1: About Bharatiya Sakshya Adhiniyam 2023

- Bharatiya Sakshya Adhiniyam (BSA) is a new law enacted to replace the Indian Evidence Act.

- Introduced changes in electronic evidence provisions including definitions and admissibility procedures.

- It is one of the three new criminal laws to be implemented from July 1, 2024. The other two laws are the Bharatiya Nyay Sanhita (replacing the IPC) and the Bharatiya Nagarik Suraksha Sanhita (replacing CrPC).

- This Act retains much of the original content of the Indian Evidence Act with slight modifications in the scope of secondary evidence and electronic evidence provisions.

2: Issues with Bharatiya Sakshya Adhiniyam 2023

- The Supreme Court acknowledges the susceptibility of electronic records to tampering in the absence of safeguards, potentially leading to miscarriage of justice.

- Ambiguity exists regarding the criteria for admissibility of electronic records.

- Accused individuals, irrespective of whether they are within or outside police custody, still face discrimination.

- Potential for coercion in obtaining information from individuals in police custody, which can impact the reliability and willingness of such evidence.

- There is an over-reliance on expert opinions for validating electronic evidence which can add more workload to forensic laboratories and delay legal proceedings.

3: Enhancing the Effectiveness of BSA

- Introduce secure handling of electronic evidence and ensure a proper chain of custody as per the recommendations of the Standing Committee.

- Follow guidelines by the Karnataka High Court for safeguarding during search and seizure.

- Address coercion-related evidence, and revise custody-related provisions for fairness as per the Law Commission's recommendations.

- Malimath Committee recommendations include the introduction of minor violation category 'social welfare offences', adoption of a 'mixed system' blending adversarial and inquisitorial elements, and lowering the standard of proof for conviction.

4: International Perspective of Electronic Evidence Provisions

- The European Union is working towards mutual admissibility of electronic evidence in criminal proceedings, implying uniform standards across member states.

- Key aspects include ensuring only verifiable electronic evidence is used, secure handling from production to custody, and involving IT experts for fair evaluation at the accused's request.