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STATEMENT OF OBJECTS AND REASONS

Bharatiya Sakshya Adhiniyam, 2023 · source PDF pages 54

Source citation: STATEMENT OF OBJECTS AND REASONS, Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023), Source appendix, Central source snapshot, source PDF pp. 54; snapshot SHA256 554b2b4ae3d9f09bf31e6e1ba2b2cb8a4e7f4f5ffd6f3156736752cbbce116d5 (current applicability unverified)

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                           STATEMENT OF OBJECTS AND REASONS
   The Indian Evidence Act, 1872 was enacted in the year 1872 with a view to consolidate the law
relating to evidence on which the Court could come to the conclusion about the facts of the case and
then pronounce judgment thereupon and it came into force on 1st September, 1872.
   2. The experience of seven decades of Indian democracy calls for comprehensive review of our
criminal laws including the Indian Evidence Act, 1872 and adopt them in accordance with the
contemporary needs and aspirations of the people. The law of evidence (not being substantive or
procedural law), falls in the category of "adjective law", that defines the pleading and methodology by
which the substantive or procedural laws are operationalised. The existing law does not address the
technological advancement undergone in the country during the last few decades.
   3. Accordingly, a Bill, namely, the Bharatiya Sakshya Bill, 2023 was introduced in Lok Sabha on
11th August, 2023. The Bill was referred to the Department-related Parliamentary Standing Committee
on Home Affairs for its consideration and report. The Committee after deliberations made its
recommendations in its report submitted on 10th November, 2023. The recommendations made by the
Committee have been considered by the Government and it has been decided to withdraw the Bill
pending in Lok Sabha and introduce a new Bill incorporating therein those recommendations made by
the Committee that have been accepted by the Government.
  4. The proposed legislation, inter alia, provides as under:-      e
                                                                 od
      (i) it provides that "evidence" includes any information given electronically, which would permit
   appearance of witnesses, accused, experts and victims through electronic means;
                                                          aC
      (ii) it provides for admissibility of an electronic or digital record as evidence having the same
   legal effect, validity and enforceability as any other document;
                                                       di
      (iii) it seeks to expand the scope of secondary evidence to include copies made from original by
                                                 In
   mechanical processes, copies made from or compared with the original, counterparts of documents
   as against the parties who did not execute them and oral accounts of the contents of a document
   given by some person who has himself seen it and giving matching hash value of original record will
   be admissible as proof of evidence in the form of secondary evidence;
      (iv) it seeks to put limits on the facts which are admissible and its certification as such in the
   courts. The proposed Bill introduces more precise and uniform rules of practice of courts in dealing
   with facts and circumstances of the case by means of evidence.
  5. The Notes on Clauses explain the various provisions of the Bill.
  6. The Bill seeks to achieve the above objectives.




                                                                                         AMIT SHAH.

      NEW DELHI;
  The 9th August, 2023.




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