Key points of Bharatiya Sakshya Adhiniyam which will replace Indian Evidence Act

New Delhi: Following are the key points of the Bharatiya Sakshya Adhiniyam (BSA)-2023, which was passed by the Lok Sabha on Wednesday and seeks to replace the Indian Evidence Act of 1872.

* Two new sections and six new sub-sections have been added in the proposed law

* Five new explanations are added, four explanations deleted

* Two new provisos are added, 24 provisions are modified

* Total six sections are deleted

Major Changes:

• Electronic record included in the definition of 'document'
• Statements received electronically included in the definition of 'evidence'
• Added more standards for considering electronic and digital records as primary evidence laying emphasis on its proper custody, storage, transmission, and broadcast
• Added more kinds of secondary evidence to include oral and written admissions and evidence of a skilled person to examine documents which cannot conveniently be examined by court.
• Established the legal admissibility, validity, and enforceability of electronic or digital record as evidence
• Inclusion of husband/wife as competent witness in criminal proceedings against the spouse
• Conviction based on corroborated testimony of accomplice has been made legal
• Comprehensive certificate for submitting electronic evidence added in the schedule 

Minor Changes:

• References to colonial terminology done away with
• Language modernized and made gender sensitive.