​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Applicability of the Act

Introduction
​The Bharatiya Sakshya Adhiniyam applies mainly to judicial proceedings conducted before courts and similar authorities legally empowered to take evidence. The applicability of the Act depends upon the nature of the proceeding and whether judicial functions are being exercised.

(a) Applicability to Judicial Proceedings
The Bharatiya Sakshya Adhiniyam applies to judicial proceedings in or before any court, including Courts-martial.
Although the term “Judicial Proceeding” is not specifically defined in the BSA, Section 2(2) of the Act provides that words not defined in the BSA but defined in other related statutes shall carry the same meaning. Accordingly, Section 2(m) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines a judicial proceeding as a proceeding in the course of which evidence is or may legally be taken on oath.
A proceeding is judicial when the authority:

• Hears both parties,
• Receives evidence from both sides,
• Applies judicial discretion, and
• Delivers a reasoned decision regarding legal rights or liabilities.

Such proceedings are different from mere administrative or fact-finding inquiries where facts are simply recorded without judicial determination.

Essentials of a Judicial Proceeding
The following essential elements must be present for a proceeding to be considered judicial and for the BSA to apply:
(i) Proceeding before a Court or TribunalThe proceeding must take place before a court or a legally constituted judicial authority.
(ii) Determination of Legal Rights and LiabilitiesThe authority must decide legal rights, obligations, remedies, or liabilities of parties.
(iii) Taking of EvidenceEvidence must actually be taken or be legally capable of being taken.
(iv) Evidence on OathThe evidence should be recorded on oath or affirmation.
(v) Application of Judicial MindThe authority must apply its judicial mind while evaluating evidence and reaching conclusions.
Only when all these essentials are satisfied will the proceeding qualify as a judicial proceeding under the BSA.

Meaning of “Any Court”
The expression “any Court” includes:

• Civil Courts,
• Criminal Courts, and
• Revenue Courts.

Thus, the BSA governs proceedings before all such judicial forums.

Applicability to Courts-Martial
The Bharatiya Sakshya Adhiniyam also applies to Courts-martial constituted under military laws. Courts-martial conduct judicial proceedings where evidence is recorded and legal rights and liabilities are determined.
Therefore, rules of evidence under the BSA are applicable to such proceedings.

(b) Non-Judicial Proceedings
The Bharatiya Sakshya Adhiniyam does not apply to non-judicial or administrative proceedings.
Examples include:

• Inquest reports prepared by Magistrates,
• Statements recorded under Section 183 of BNSS,
• Departmental inquiries, and
• Administrative fact-finding proceedings.

These proceedings are not treated as judicial because they do not involve strict judicial adjudication or formal recording of evidence according to the BSA.
Such proceedings are generally governed by principles of administrative law and natural justice rather than strict rules of evidence.

Important Points
Judicial Proceedings

• BSA applies fully.
• Evidence may legally be taken on oath.
• Judicial mind is applied.
• Legal rights and liabilities are determined.
• Includes civil, criminal, revenue courts, and Courts-martial.

Non-Judicial Proceedings

• BSA generally not applicable.
• Administrative or fact-finding in nature.
• No formal judicial adjudication.
• Governed mainly by principles of natural justice.

Conclusion
The Bharatiya Sakshya Adhiniyam primarily governs judicial proceedings where evidence is formally recorded and legal rights are adjudicated by courts or similar judicial authorities. Its applicability depends upon the presence of essential judicial characteristics such as evidence on oath, judicial determination, and application of judicial mind. Administrative and non-judicial proceedings generally remain outside the scope of the Act.