​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Legislative History of the Bharatiya Sakshya Adhiniyam, 2023

Introduction
​The Bharatiya Sakshya Adhiniyam (BSA), 2023 is the new law of evidence enacted to replace the Indian Evidence Act, 1872, a colonial-era legislation that had governed the law of evidence in India for over 150 years. The BSA aims to modernize, simplify, and streamline the rules relating to evidence while adapting the legal framework to technological advancements, particularly with respect to electronic and digital evidence.
Although the BSA retains many of the substantive principles of the Indian Evidence Act, 1872, it revises and modernizes them to suit contemporary legal and technological requirements.

Legislative History
The Bharatiya Sakshya Adhiniyam, 2023 was enacted through the following legislative process:

• Passed by the Lok Sabha: 20 December 2023
• Passed by the Rajya Sabha: 21 December 2023
• Received Presidential Assent: 25 December 2023

Following its enactment, the Central Government exercised its powers under Section 1(3) of the BSA and notified 1 July 2024 as the date on which the Act came into force.
Accordingly, from 1 July 2024, the Bharatiya Sakshya Adhiniyam became the governing law of evidence in India, replacing the Indian Evidence Act, 1872.

Commencement of the Act
Section 1(3) of the BSA provides that the Act shall come into force on such date as the Central Government may appoint by notification in the Official Gazette.
Pursuant to this provision:

• Date of Commencement: 1 July 2024

From this date onwards:

• The Bharatiya Sakshya Adhiniyam became fully operational.
• The Indian Evidence Act, 1872 ceased to apply.

Ignorance of Law
Once the BSA came into force, the general legal principle applies that:
Ignorance of law is no excuse (Ignorantia juris non excusat).
Every person is presumed to know the law in force.
Therefore, no person can avoid legal consequences by pleading ignorance of the Bharatiya Sakshya Adhiniyam.

Scheme of the Bharatiya Sakshya Adhiniyam
The BSA is broadly divided into four parts, each dealing with a distinct aspect of the law of evidence.

Part I – Preliminary
This part contains:

• Short title,
• Application,
• Commencement,
• Definitions,
• Interpretation provisions,
• Transportation Clause under Section 2(2).

It lays down the foundational provisions necessary for understanding the Act.

Part II – Relevancy of Facts
This part deals with:

• Facts that are admissible in evidence.
• Facts relevant to the facts in issue.

It comprises Sections 3 to 50.
The provisions determine:

• What facts may be proved;
• Which facts become legally relevant in judicial proceedings.

Part III – On Proof
This part explains the methods by which facts are proved.
It comprises Sections 51 to 103.
It deals with:

• Oral evidence,
• Documentary evidence,
• Primary evidence,
• Secondary evidence,
• Electronic evidence,
• Rules relating to proof of documents.

Part IV – Production and Effect of Evidence
This part comprises Sections 104 to 170.
It deals with:

• Burden of proof,
• Presumptions,
• Doctrine of estoppel,
• Competency of witnesses,
• Examination of witnesses,
• Production of evidence,
• Rejection of improper evidence.

This part governs the practical conduct of trials and the appreciation of evidence by courts.

Importance of the BSA
The enactment of the BSA marks a significant reform in Indian evidence law because it:

• Replaces a colonial-era statute.
• Recognizes electronic and digital evidence.
• Simplifies legal drafting.
• Modernizes procedural rules.
• Enhances transparency and efficiency in judicial proceedings.
• Aligns evidence law with technological developments.

Important Points

• BSA replaces the Indian Evidence Act, 1872.
• Passed by:
  • Lok Sabha: 20 December 2023.
  • Rajya Sabha: 21 December 2023.
• Presidential Assent: 25 December 2023.
• Came into force: 1 July 2024 (Section 1(3)).
• Replaces over 150 years of colonial evidence law.
• No person can plead ignorance of the law once it comes into force.
• Divided into four parts:
  • Part I: Preliminary.
  • Part II: Relevancy of Facts (Sections 3–50).
  • Part III: On Proof (Sections 51–103).
  • Part IV: Production and Effect of Evidence (Sections 104–170).
• Modernizes and simplifies the law while retaining the core principles of the Indian Evidence Act.

Conclusion
The Bharatiya Sakshya Adhiniyam, 2023 represents a landmark reform in India's law of evidence by replacing the colonial-era Indian Evidence Act, 1872 with a modern, technology-oriented framework. Enacted in December 2023 and brought into force on 1 July 2024, the BSA preserves the foundational principles of evidence law while restructuring, simplifying, and updating them to meet contemporary legal needs. Its four-part scheme provides a systematic framework governing relevancy of facts, proof, production of evidence, and witness examination, thereby strengthening the efficiency, transparency, and fairness of India's judicial system.