Bharatiya Sakshya Adhiniyam

Bharatiya Sakshya Adhiniyam, 2023
Bharatiya Sakshya Adhiniyam, 2023
Parliament of India
	Long title An Act to consolidate and to provide for general rules and principles of evidence for fair trial. ;
Citation	Act No. 47 of 2023
Territorial extent	India
Passed by	Lok Sabha
Passed	20 December 2023
Passed by	Rajya Sabha
Passed	21 December 2023
Assented to by	President of India
Assented to	25 December 2023
Commenced	1 July 2024
Legislative history
First chamber: Lok Sabha
Bill title	Bharatiya Sakshya (Second) Bill, 2023
Introduced by	Home Minister, Amit Shah
Introduced	12 December 2023
Committee responsible	Parliamentary Standing Committee
Passed	20 December 2023
Voting summary	Majority Voice voted for; Minority Voice voted against;
Second chamber: Rajya Sabha
Bill title	Bharatiya Sakshya (Second) Bill, 2023
Received from the Lok Sabha	20 December 2023
Member(s) in charge	Home Minister, Amit Shah
Passed	21 December 2023
Voting summary	Majority Voice voted for; Minority Voice voted against;
Final stages
Finally passed both chambers	21 December 2023
Repeals
	Indian Evidence Act
Related legislation
	Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita
	Status: In force

The Bharatiya Sakshya Adhiniyam, 2023 (IAST: Bhāratīya Sākśya Adhiniyam; lit. 'Indian Evidence Act') is an Act of the Parliament of India.^[1]^[2]^[3]

Background and timeline

On 11 August 2023, Amit Shah, Minister of Home Affairs, introduced the Bharatiya Sakshya Bill, 2023 in Lok Sabha.
On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.
On 12 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Lok Sabha.
On 20 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Lok Sabha.^[4]
On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Rajya Sabha.
On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Rajya Sabha.
On 25 December 2023, the Bharatiya Sakshya (Second) bill, 2023 received the assent of the President of India.^[5]^[6]

Structure

The Adhiniyam consists of 170 sections as opposed to the 167 sections in the previous Indian Evidence Act. Of these 167 sections, 23 sections have been modified, five removed, and one more section added.^[7]^[8]^[9]^[10]

The Bharatiya Sakshya Adhiniyam, 2023
Part	Chapters	Clauses	Classification of Offences
Part 1	Chapter 1	Clauses 1 to 2	Preliminary
Part 2	Chapter 2	Clauses 3 to 50	Relevancy Of Facts (3) Closely Connected Facts (4 to 14) Admissions (15 to 25) Statements By Persons Who Cannot Be Called As Witnesses (26 to 27) Statements Made Under Special Circumstances (28 to 32) How Much Of A Statement Is To Be Proved (33) Judgments Of Courts When Relevant (34 to 38) Opinions Of Third Persons When Relevant (39 to 45) Character When Relevant (46 to 50)
Part 3 On Proof	Chapter 3	Clauses 51 to 53	Facts Which Need Not Be Proved
	Chapter 4	Clauses 54 to 55	Of Oral Evidence
	Chapter 5	Clauses 56 to 93	Of Documentary Evidence (56 to 73) Public documents (74 to 77) Presumptions As To Documents(78 to 93)
	Chapter 6	Clauses 94 to 103	Of The Exclusion Of Oral Evidence By Documentary Evidence
Part 4 Production And Effect Of Evidence	Chapter 7	Clauses 104 to 120	Of The Burden Of Proof
	Chapter 8	Clauses 121 to 123	Estoppel
	Chapter 9	Clauses 124 to 139	Of Witnesses
	Chapter 10	Clauses 140 to 168	Of Examination Of Witnesses
	Chapter 11	Clauses 169	Of Improper Admission And Rejection Of Evidence
	Chapter 12	Clauses 170	Repeal And Savings

Criticism

The new law makes it difficult for defendants to defend themselves at court and encourages prosecutors to produce potentially dubious evidence.^[11]

References

^ Singh, Vijaita (11 August 2023). "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu.
^ "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.
^ ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.
^ Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.
^ "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. 25 December 2023.
^ "President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023". News on Air. 26 December 2023.
^ "Parliament panel adopts reports on bills to replace existing criminal laws". The New Indian Express. 14 November 2023.
^ "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.
^ Ghosh, Sanchari (11 August 2023). "'Will repeal offence of sedition,' Amit Shah introduces 3 bills in Parliament". mint.
^ "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.
^ "From Legislation to Litigation: Hurdles and Prospects in the Freshly Minted Bharatiya Sakshya Bill, 2023". legalserviceindia.com. Retrieved 30 June 2024.

External links

Bharatiya Sakshya Adhiniyam from Ministry of Home Affairs

[1] Singh, Vijaita (11 August 2023). "3 new Bills introduced in Lok Sabha to replace criminal laws; sedition law to be scrapped". The Hindu.

[2] "'Sedition law to be repealed': Amit Shah introduces 3 bills to replace IPC, CrPC, Indian Evidence Act in Lok Sabha". The Times of India. 11 August 2023.

[3] ""Acts of Secession" Replaces Sedition: New Bills To Overhaul Criminal Laws". NDTV. 11 August 2023.

[4] Das, Awstika (20 December 2023). "Lok Sabha Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act". Live Law. Retrieved 20 December 2023.

[5] "Bills to replace criminal codes enacted into law as President Murmu gives nod". Deccan Herald. 25 December 2023.

[6] "President gives assent to Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Bill 2023". News on Air. 26 December 2023.

[:0-7] "Parliament panel adopts reports on bills to replace existing criminal laws". The New Indian Express. 14 November 2023.

[8] "Centre's 3 bills to revamp criminal laws: 'Aim to provide justice, not punish'". India Today. 11 August 2023.

[9] Ghosh, Sanchari (11 August 2023). "'Will repeal offence of sedition,' Amit Shah introduces 3 bills in Parliament". mint.

[10] "The 3 Bills That Will Soon Replace British-Era Criminal Laws. Their Aim Explained". NDTV. 11 August 2023.

[11] "From Legislation to Litigation: Hurdles and Prospects in the Freshly Minted Bharatiya Sakshya Bill, 2023". legalserviceindia.com. Retrieved 30 June 2024.

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Langbahn Team – Weltmeisterschaft