New Bharatiya Sakshya Adhiniyam Modernizes Indian Evidence Act, Emphasizes Electronic Evidence and Online Court Appearances

With regard to electronic evidence and online appearance in court, the new Bharatiya Sakshya Adhiniyam (BSA) aims to close the gap in the Indian Evidence Act.

"Any information given electronically, which would permit appearance of witnesses, accused, experts, and victims through electronic means" is what the BSA defines as electronic evidence.

"An electronic or digital record may be admitted as evidence having the same legal effect, validity, and enforceability as any other document," according to the BSA.

The Indian Evidence Act in the past did not contain any such clause. The significant advancements in digital equipment have informed the introduction of regulations pertaining to electronic evidence and online presence.

By allowing the accused, witnesses, and experts to depose electronically rather than in person, the digital evidence clause will save money, time, and effort for all parties involved.

Emails, documents found on computers, cellphones, websites, and voicemail messages will all be considered "primary evidence" under the new evidence rule.

It also requires that these electronic documents be treated with the same integrity and legal weight as non-electronic evidence, a requirement that was absent from the Indian Evidence Act of the colonial era.

The Bharatiya Nagarik Suraksha Sanhita, Section 167, permits a judicial magistrate to hold an accused person in police custody for a maximum of ninety days. This time frame used to be 15 days.

Legal experts were concerned that the modified provision would allow the police to deploy more "third-degree" tactics to force confessions.

Section 152 of the Bharatiya Nyaya Sanhita, which likewise carries a life penalty, has superseded IPC Section 124A, which dealt with sedition. According to Section 152, anyone found engaging in or committing any of the following acts could face life in prison or a sentence of up to seven years in prison, as well as a fine. Examples of such acts include encouraging feelings of separatist activity or endangering the sovereignty or unity and integrity of India.

A protracted legal battle against the revised legislation in the Supreme Court and higher courts is now likely as a result of the new laws that went into effect on Monday.

Leading attorneys and organizations want to contest the new laws on the grounds that there was improper deliberation or debate in Parliament when the revisions were passed, as many opposition MPs were suspended at the time.