The transformation from the Indian Evidence Act, 1872 to the Bharatiya Sakshya Adhiniyam, 2023
1. A Historic Rewrite: Three New Criminal Laws
India’s legal framework witnessed a generational shift in 2023 with the introduction of three landmark legislations:
- Bharatiya Nyaya Sanhita (BNS) → replaces the Indian Penal Code, 1860
- Bharatiya Nagarik Suraksha Sanhita (BNSS) → replaces the Code of Criminal Procedure, 1973
- Bharatiya Sakshya Adhiniyam (BSA) → replaces the Indian Evidence Act, 1872
While BNS redefines crimes and BNSS reshapes procedures, it is the BSA that stands at the forefront of reform, modernizing the very rules of proof in Indian courts.
2. The Origins: The Indian Evidence Act, 1872
When the Indian Evidence Act was enacted in 1872, its purpose was straightforward—to establish uniform rules on what counts as evidence in courts.
For over 150 years, it served as the judicial backbone of India. But its Victorian-era structure—drafted for a paper-bound world—struggled to adapt to:
- The digital revolution
- Cross-border testimonies
- Expanding judicial complexities
The need for a future-ready evidence law became undeniable.
3. The Turning Point: The Call for Change
With the 21st century came new realities:
- Courts began dealing with emails, chats, digital logs, and CCTV footage
- Witnesses appeared from different continents via video calls
- Judicial delays mounted due to outdated, rigid rules
Legal scholars, courts, and policy-makers converged on a single conclusion:
India required a modern, tech-inclusive, citizen-friendly evidence law.
4. The Transformation: Birth of the Bharatiya Sakshya Adhiniyam, 2023
- In December 2023, Parliament passed the Bharatiya Sakshya Adhiniyam, and on July 1, 2024, it replaced the 1872 Act.
- Unlike a superficial rebranding, the BSA is a structural overhaul—redesigning what is admissible, how it is presented, and what the courts must presume.
- It marks the shift from colonial remnants to a digitally empowered framework, reflecting today’s legal and societal realities.
5. The Big Shift: What’s In & What’s Out
The BSA’s reforms aren’t minor tweaks—they’re transformational. Here’s a crisp comparison:
| What’s Included (New Era) | What’s Excluded (Phased Out) |
|---|---|
| Electronic & digital records granted primary evidence status (emails, chats, CCTV, blockchain-based data). | Outdated colonial phrases, illustrations, and Victorian references. |
| Video-conferencing recognized for witness testimonies and cross-examinations. | Redundant, scattered definitions across multiple sections. |
| Broader definition of “document” → covers all formats, including digital, scanned, and stored data. | Territorial descriptions tying law to “whole of India” omitted. |
| Updated presumptions for electronic records, e.g., those older than 5 years enjoy presumed authenticity. | Gender-specific references replaced with inclusive language such as “person.” |
| Wider applicability → covers all judicial proceedings, including courts-martial. | Procedural ambiguities and archaic limitations removed. |
In essence:
The BSA welcomes digital realities while sweeping away the colonial cobwebs.
6. Why the BSA Matters
The Bharatiya Sakshya Adhiniyam doesn’t merely replace an old statute—it reinvents the judicial approach to evidence:
- Digital-First Justice → Recognizes online records, chats, and server logs on par with paper documents.
- Streamlined & Citizen-Friendly → Moves away from complex legal jargon, replacing it with clearer, more accessible language.
- Inclusive & Modern → Gender-neutral terminology reflects a progressive India.
- Efficiency Meets Technology → Faster trials, fewer procedural roadblocks, and smoother integration of tech-driven proofs.
This isn’t just a legal reform—it’s a paradigm shift.
7. A Timeline of Transformation
| Timeline | Law | What Defined It |
| 1872 | Indian Evidence Act | Colonial framework, rigid rules, paper-based proof. |
| 1990s–2020s | Transitional Demands | Growing influence of tech, globalization, and virtual proceedings. |
| 2023 & Beyond | Bharatiya Sakshya Adhiniyam | Digital-first, inclusive, citizen-friendly, aligned with 21st-century justice. |
8. Did You Know?
For the first time in India’s legal history, the Bharatiya Sakshya Adhiniyam places electronic records on the same footing as physical documents in courts.
Here’s why this is groundbreaking:
- Emails, WhatsApp chats, server logs, CCTV footage, and even blockchain-based data can now be treated as primary evidence.
- Previously, under the 1872 Act, electronic records were considered secondary evidence, requiring additional certification to be admissible.
- Now, digital footprints—once viewed with skepticism—can decide the outcome of trials, investigations, and even high-profile commercial disputes.
V. P. Sarathi’s Law of Evidence, could be your next best resource if you are planning to dig deep into this new criminal law.
