LAW

Published on
​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Modernization of Terminology under the BSA
Introduction
​
One of the important reforms introduced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the modernization of legal terminology. The BSA replaces several colonial-era and insensitive expressions used in the Indian Evidence Act, 1872 (IEA) with more respectful, contemporary, and legally appropriate language.

Replacement of Outdated Terminology
Use of the Term “Person of Unsound Mind”Under the Indian Evidence Act, 1872, Section 118 used the term:
  • “Lunatic”.
This expression was considered outdated, insensitive, and inconsistent with modern understanding of mental health and human dignity.
The Bharatiya Sakshya Adhiniyam, 2023 replaces this terminology with:
  • “Person of unsound mind” under Section 124.

Purpose of the Change
The change reflects:
  • Respect for human dignity,
  • Modern legal language,
  • Sensitivity toward mental health issues,
  • Alignment with constitutional values and contemporary societal standards.
The replacement removes stigmatizing language while retaining the legal principle regarding competency of witnesses.

Legal Principle Retained
Although the terminology has changed, the substantive rule remains the same.
A person of unsound mind is not automatically disqualified from giving evidence. Such a person may testify if the Court is satisfied that he or she:
  • Understands the questions put before them, and
  • Is capable of giving rational answers.
Thus, competency depends on mental capacity at the time of testimony, not merely on mental condition generally.

Importance of the ReformHuman Rights Perspective
The reform promotes dignity and non-discrimination.
Modernization of Evidence Law
The BSA updates colonial-era language to reflect contemporary legal standards.
Inclusive Legal System
The change encourages a more humane and sensitive justice system.

Important Points
  • IEA Section 118 used the term “lunatic”.
  • BSA Section 124 replaces it with “person of unsound mind”.
  • The change modernizes and humanizes legal terminology.
  • The substantive law regarding competency of witnesses remains unchanged.
  • Competency depends on ability to understand and answer rationally.

Conclusion
The replacement of the term “lunatic” with “person of unsound mind” under the Bharatiya Sakshya Adhiniyam, 2023 is an important symbolic and substantive reform. It reflects the shift toward respectful, inclusive, and modern legal language while preserving the established principles governing competency of witnesses.
Picture
0 Comments