CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023

AUTHOR – ANISHA AGRAWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

BEST CITATION – ANISHA AGRAWAL, CRITICAL ANALYSIS OF THE BHARTIYA SAKSHYA ADHINIYAM 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 208-216, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Bhartiya Sakshya Adhiniyam 2023 superseded the Indian Evidence Act of 1872, which was legislation still in the colonial era. There were fundamental changes in India’s legal system with it. This research study critically analyses the primary innovations and reforms covered by the 2023 Act in relation to how they may influence India’s legal system. With the rapidly developing technology and increase of complicated legal issues it had birthed, there was a definite call for evidence law to be updated. The new reform as can be reflected in this 2023 Act is through contemporary procedures for witness protection, strengthening of admissibility provisions concerning digital and electronic evidence, and making weightier the forensic and scientific evidence.

The Act has updated the burden of proof for economic crimes and sexual harassment cases, and it has streamlined the procedures on documentary evidence, so the introduction of authentic digital documents is made not burdensome before a court of law. Such a legal system in India would facilitate the goal of victim-centric, transparent, and efficient transparency in terms of best international practices.

But the paper also discusses possible obstacles in implementing the reforms in practice, especially in developing and rural areas where technology is still not well-accessible. And even if the Act introduces much needed amendments, proper balance between the right to personal privacy and the need for digital evidence in court gets raised as a concern.  The analysis concludes that though Bhartiya Sakshya Adhiniyam 2023 is a progressive step to modernize the Indian judiciary system, its success would depend upon equal application throughout different areas of India and effective judicial interpretation.

KEYWORDS: Digital Evidence, Forensic Science, Vulnerable Witnesses, Judicial Reforms, Admissibility