Get quick answers! FAQs on the Bharatiya Sakshya Adhiniyam (BSA), 2023. Clarify your doubts and understand the reforms in India’s new law of evidence.
FAQs on the Bharatiya Sakshya Adhiniyam , 2023
1. What is the Bharatiya Sakshya Adhiniyam, 2023?
Answer: The Bharatiya Sakshya Adhiniyam, 2023, is the new Indian legislation replacing the Indian Evidence Act, 1872. It governs the admissibility, relevance, and standards of evidence in Indian courts.
2. When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?
Answer: It came into force on 1st July 2024, replacing the Indian Evidence Act, 1872.
3. Does the Act apply to civil as well as criminal proceedings?
Answer: Yes, it applies to all judicial proceedings in or before any court, including civil and criminal cases, but not to affidavits and arbitration proceedings.
4. How is the term ‘evidence’ defined under the Bharatiya Sakshya Adhiniyam, 2023?
Answer: According to Section 2(e) of the BSA “evidence” means and includes—
(i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence;
(ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence.
5. How many sections does the Bharatiya Sakshya Adhiniyam, 2023 contain?
Answer: The Bharatiya Sakshya Adhiniyam, 2023 consists of 170 sections, spread across 12 chapters. It aims to streamline evidentiary rules in line with modern technology and digital communication systems.
6. Which section of the Bharatiya Sakshya Adhiniyam, 2023 deals with Res Gestae?
Answer: Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to the doctrine of Res Gestae. It covers facts forming part of the same transaction and makes them relevant and admissible in court.
7. How is ‘same transaction’ interpreted in Res Gestae cases?
Answer: The term ‘same transaction’ is interpreted based on:
- Continuity of action,
- Proximity in time and place,
- Causal or contextual link between the facts and the main incident.
8. What did the Court say about the evidentiary value of the FIR in suicide cases in Lalita v. Vishwanath & Ors. (2025)?
Answer: In Lalita v. Vishwanath & Ors. (2025), the Supreme Court clarified that an FIR is not a substantive piece of evidence and cannot by itself prove abetment of suicide. It may only be used to corroborate or contradict its maker, and must be supported by further investigation and corroborative evidence.
9. What is a Test Identification Parade (TIP)?
Answer: A Test Identification Parade (TIP) is a process conducted during a criminal investigation where a witness is asked to identify a suspect from a group of individuals. It is used to establish prima facie identity of the accused, especially when the suspect is not previously known to the witness.
10. What is a Dying Declaration under Bharatiya Sakshya Adhiniyam, 2023?
Answer: A dying declaration is a statement made by a person who is about to die, concerning the cause of their death or the circumstances that led to it. It is admissible under Section 26(1) of the Bharatiya Sakshya Adhiniyam, 2023.
11. Why is a dying declaration admissible in court despite being hearsay?
Answer: Though generally hearsay is inadmissible, a dying declaration is an exception because of the belief that a person on the verge of death will speak the truth, having no reason to lie.
12. What is the legal provision that governs the competency of a child to testify in court?
Answer: Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 118 of the Indian Evidence Act, 1872), every person, including a child, is competent to testify unless the court believes the person is incapable of understanding the questions or giving rational answers.
13. Can a conviction be solely based on the testimony of a child witness?
Answer: Yes, courts can convict solely on a child’s testimony if it is found credible and free from tutoring, as reiterated in State of Madhya Pradesh v. Balveer Singh (2025).
14. What is an “admission” under the Bharatiya Sakshya Adhiniyam, 2023?
Answer: As per Section 15 of the BSA, an admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and is made by any person and under the circumstances mentioned in the BSA.
15. Is a confession by an accused person always admissible in court?
Answer: No. Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023, a confession is inadmissible if it appears to the court that it was made due to inducement, threat, coercion, or promise from a person in authority, relating to the charge against the accused.
16. What did the Supreme Court hold in Sanjay v. State of Uttar Pradesh (2025 INSC 317)?
Answer: In Sanjay v. State of Uttar Pradesh (2025), the Supreme Court held that a conviction cannot be solely based on the last-seen theory. There must be a complete and unbroken chain of circumstantial evidence connecting the accused to the crime. The Court emphasised that suspicion, however strong, is not a substitute for legal proof.
17. Is an accomplice a competent witness under the Bharatiya Sakshya Adhiniyam?
Answer: Yes, under Section 138 of the BSA, an accomplice is deemed a competent witness against the accused, and a conviction can be based on their corroborated testimony.
18. What does Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 provide?
Answer: Section 128 protects marital communications by stating that no person who is or has been married shall be compelled or permitted to disclose any communication made by their spouse during marriage, unless consent is given by the person who made it or their legal representative.
19. Can evidence be given to explain abbreviations in a legal document?
Answer: Yes. Section 101 of the BSA specifically permits evidence to explain the meaning of abbreviations, especially when their usage is not commonly understood.
20. Can the Court presume who sent the electronic message?
Answer: No. Section 90 of the BSA explicitly prohibits the Court from presuming the identity of the sender. The burden to prove who actually sent the message lies on the party relying on it.
21. Why is there no presumption as to the sender’s identity?
Answer: Because electronic communications can be hacked, manipulated, or sent by unauthorised persons, courts require independent proof to establish authorship or identity.
