The Bharatiya Sakshya Adhiniyam Bill, 2023, was passed by the parliament on 21 December, 2023, and received presidential assent on December 25, 2023. The Bharatiya Sakshya Adhiniyam came into force on July 1, 2024. The Bharatiya Sakshya Adhiniyam, 2023, which replaces The Indian Evidence Act,1872, 1 which despite numerous amendments had become outdated and was not able to address the complex natrure of modern legal proceedings. is an important piece of legislation in the Indian legal framework.

It is these flaws that the new Act seeks to address by incorporating modern legal principles, technological advances, and changes in social norms. The new evidence law governs the admissibility of evidence in judicial proceedings and provides a framework regarding what evidence can be considered by the courts in civil and criminal cases.

Historical Evolution of Evidence Law in India

• Ancient and Medieval Era
  The concept of evidence has evolved significantly over the centuries. In ancient India, evidence law was governed by religious texts and customs. The Manusmriti and texts laid the principles relating to evidence. The king acted as the ultimate authority in rendering justice and relied on the advice of scholars and religious figures. During the medieval period, with the advent of Islamic rule in India, Islamic legal principles based on the Quran and other religious texts influenced the justice system. The Qazis and Imams adjudicated on legal disputes based on Islamic law, this included various forms of evidence. For example, oral testimonies documents, and oaths.
   
• Colonial Era
  Before the enactment of the Evidence Act, Courts in India, particularly in presidency towns, adhered to the principles of English law regarding evidence. In rural areas (mofussil), British Courts initially followed Mohammedan law on evidence, but later, various regulations were introduced to govern evidence principles in those courts.2 The Indian Evidence Act of 1872, drafted by Sir James Fitzjames Stephen, was enacted to unify and codify the rules of evidence applicable to both civil and criminal cases. The Act was modeled after English law. It aimed to create a consistent legal framework across British India. Despite its comprehensive nature the Act faced criticism It was considered rigid. It did not adequately reflect the socio-cultural realities of Indian society.
   
• Post Independence
  After India gained independence in 1947, the Indian Evidence Act of 1872 continued to be the primary legislation governing evidence. Over the years, various amendments were made to address emerging issues and incorporate modern legal principles. However, the need for a comprehensive overhaul of the evidence law was felt to align it with contemporary legal standards and societal needs.

The Bharatiya Sakshya Adhiniyam

The previous act was from the British colonial era and was the replica of English evidence law and the now repealed act was enacted to rule and oppress the native Indians and not serve justice. Several sections in the previous act were obsolete and were not suitable for a society that has come a long way. This new legislation aims to address the shortcomings of the previous act.

It will incorporate advancements in technology and also ensure a fair and efficient judicial process. In the 21st century, the rapid pace of technological development and scientific discoveries continues to amaze. This progress, especially in Artificial Intelligence, has posed challenges in tracing and prosecuting crimes, prompting the need for updated laws.

The Bharatiya Sakshya Adhinniyam represents a significant advancement in India's criminal justice system, with a key focus on embracing technology. It introduces procedures for handling digital evidence and expanding the scope of admissible evidence. The overarching aim of this legislation is to streamline the delivery of justice by leveraging technological advancements without necessitating a complete overhaul of existing systems.

Structure of the Bharatiya Sakshya Adhinyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023, consists of 170 sections and is divided into 12 chapters. Each deals with different aspects of evidence law. The structure of the act is designed to provide a comprehensive and systematic approach to admissibility and evaluation of evidence in legal proceedings.

Chapter I: Preliminary
This chapter outlines the short title. It also specifies the extent and commencement of the act. Additionally, it provides definitions for key terms used throughout the legislation. This ensures clarity and consistency in interpretation

Chapter II: Relevancy of facts
This chapter deals with the relevancy of facts in judicial proceedings. It sets out general principles for determining the relevance of evidence. It lists various categories of relevant facts such as admissions, confessions and statements made under special circumstances.

Chapter III: Facts which need not to be proved
This chapter specifies facts that do not require proof. These include facts judicially noticeable and facts admitted by parties. It simplifies the judicial process. This is done by eliminating the need to prove undisputed or well-known facts.

Chapter IV: Oral evidence
This chapter addresses the admissibility and evaluation of oral evidence. It lays down the rules for examining witnesses. It explores the competency of witnesses. Additionally, it discusses the credibility of their testimony. It also examines the issue of hearsay evidence and covers the exceptions to the hearsay rule.

Chapter V: Documentary evidence
This chapter is regarding the admissibility and proof of documentary evidence. It covers provisions for primary and secondary evidence, presumptions regarding documents, and the requirements to prove electronic records. It also covers the admissibility of electronic signatures and digital evidence.

Chapter VI: Exclusion of oral evidence by documentary evidence
This chapter establishes the principle that when the terms of a contract, grant, or other disposition of property have been laid down in writing. No evidence shall furbish to prove the terms except the document itself. This chapter outlines exceptions to this rule and also provides guidelines for interpreting written documents.

Chapter VII: Burden of Proof
This chapter talks about the burden of proof and its applicability in criminal and civil cases. This chapter also explains the shifting of the burden of proof, explores the presumptions of law and fact, and outlines the standard of proof in different types of cases.

Chapter VIII: Estoppel
The doctrine of estoppel takes the center stage in this chapter. Estoppel bars individuals from contradicting their prior statements. This section lays out several forms of estoppel. These include estoppel by record, estoppel by deed, and promissory estoppel.

Chapter IX: Witnesses
This chapter lays out the rules for examination, cross-examination, and re-examination of witnesses. It also mentions the competency and compliance of the witnesses, the privileges of the witnesses, and the protection of witnesses.

Chapter X: Examination of Witnesses
This chapter discusses in detail the examination of witnesses in court. These include the rules for the manner of asking questions, the sequence of examination of the witnesses, and the handling of hostile witnesses. Moreover, it is even a step further to talk about the issue of leading questions and the use of prior statements for impeachment.

Chapter XI: Improper admission and rejection of evidence
This chapter examines the effects of allowing or excluding evidence that was not brought before. To achieve this, the article gives the appellate court guidelines for them to decide if the findings of a trial court to allow or reject evidence were incorrect and if such a mistake made a difference to the officials of the case.

Key Provisions of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023, introduces several significant provisions that mark a departure from the 1872 Act. These new provisions are planned to improve the efficiency, transparency, and objectivity of the legal process. Some of the key provisions include:

1. Digital Evidence: One of the most striking instances of the Act is the open recognition and treatment of digital evidence more seriously. In the future of digital communication where online transactions are being increasingly used, the Act lays down comprehensive guidelines for the admissibility, authentication, and examination of digital evidence. Covers emails, digital documents, social media posts, and electronic records.
    
2. Witness Protection: The Act provides strong witness protection measures so that no one testifies against any wrongdoer out of fear of retaliation or harm. This provides appropriate anonymity, relocation, and security arrangements with respect to the witnesses in sensitive cases. This is to facilitate the telling of the truth and thus to safeguard the integrity of the judicial process.
    
3. Hearsay Evidence: The Act revisits the rules governing hearsay evidence, relaxes these rules, and consequently allows detail-oriented situations. While the general rule remains that hearsay evidence is not admissible, the Act does provide some exceptions in which such evidence might be considered reliable and relevant.
    
4. Expert Testimony: The Act attempts to bring out clear coverage on points of admissibility and evaluation of expert opinions, considering that there are a number of intricate cases where such expertise is usually relevant. It also emphasizes the necessity for experts to be qualified, impartial, with scientifically sound in their methods.
    
5. Presumption of Innocence and Burden of Proof: The Act reinforces the principle of the presumption of innocence and puts stress upon the burden of proof in both criminal and civil cases, detailing the situations where that burden may shift, covering the standards required to prove.
    
6. Confidentiality and Privileges: The Act strengthens the provisions related to confidentiality and privileges, protecting sensitive information from being disclosed in court. This includes attorney-client privilege, doctor-patient confidentiality, and protection of trade secrets.

Impact and Criticism
Bharatiya Sakshya Adhiniyam, 2023, is going to bring about a substantial change in the functioning and decision-making procedures of Indian courts, making them clearer, more efficient, and more just. Inherent in the enactment is the acceptance of digital evidence and other simplified processes that will modernize the handling of cases, thereby shortening delays and quickening the pace of justice delivery. Strong witness protection will help more truthful testimonies to come forward, strengthen prosecutions, and impart justice to cases.

More clear instructions to the expert witnesses will help the courts arrive at better decisions, particularly on technically difficult issues. Improved confidentiality and privilege provisions will also make sure that sensitive information is protected and that there are open communications between clients and professionals. However the new act comes with its challenges as the Act includes a huge investment in its infrastructure and training of the judges and legal professionals, striking a balance between technological advancements and individual privacy, avoiding bias by expert witnesses, and the huge backlog of the judiciary.

While the Act has certainly represented a major step forward, much more is needed to deal effectively with the deeply entrenched problems in these areas than the Act itself is capable of providing.

Conclusion
The Bharatiya Sakshya Adhiniyam, 2023, stands as a giant leap in developing the law in this country where modernization, use of technology, and fairness in proceedings before the court are given due emphasis. It truly presents full-dimensional legislation

for the intricacies of the present-day Law of Evidence and provides provisions for digital evidence and protection of vulnerable witnesses, which are sine qua non for an effective machinery of justice in today's digital world. Successful implementation is however not that simple, as several difficulties have to be surmounted.

Making legal practitioners everywhere aware of and fully conversant with the changes; striking a balance between well-guarded principles and innovations; and the requirement for constant revision of the legal provisions have been considered formidable tasks. Digital evidence in contemporary court proceedings therefore genuinely needs effective measures to ensure the protection of privacy and confidentiality of individuals' rights.

While the Bharatiya Sakshya Adhiniyam, 2023, is a highly needed synchronization of Indian evidence law with international standards and, in turn, aids credibility and reliability, proper vigilance and adaptiveness are to be fulfilled. The legal system should evolve in a continuously changing societal and technological landscapes and therein through changes in the legal framework the principles of justice, fairness, and efficiency will be upheld.

End-Notes:

1. Repealed on 1 July 2024
2. Sarkar law of evidence: In India, Pakistan, Bangladesh, Burma, Ceylon, Malaysia & Singapore, (2016).