BSA 2023 vs Indian Evidence Act 1872: Key Changes for Students

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaces the 152-year-old Indian Evidence Act of 1872. Containing 170 sections, BSA provides a modern statutory foundation for digital forensics, cloud-stored records, cryptographic authentication, and admissibility of electronic documents in Indian courts.

1. Expanded Definition of Document (Section 2(1)(d)): Includes electronic records stored in semiconductor memory, smartphones, emails, server logs, cloud databases, voice recordings, and encrypted digital communications. 2. Electronic Records as Primary Evidence (Section 57): Where electronic records are produced from original storage, they constitute primary evidence without requiring secondary mechanical verification. 3. Statutory Electronic Certificate (Section 63 - Old Sec 65B): Codifies the landmark Arjun Panditrao Khotkar (2020) ruling, providing a standardized statutory schedule format for electronic authentication certificates.