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The Bharatiya Sakshya Adhiniyam, 2023 is India's new law of evidence that replaced the colonial-era Indian Evidence Act, 1872.
The Bharatiya Sakshya Adhiniyam (BSA), 2023 is the law governing evidence in Indian courts. It repealed and replaced the Indian Evidence Act, 1872, and came into force on 1 July 2024 as one of three new criminal laws, alongside the Bharatiya Nyaya Sanhita (replacing the IPC) and the Bharatiya Nagarik Suraksha Sanhita (replacing the CrPC). The BSA retains most core principles of the old Act — relevancy of facts, confessions, and burden of proof — while giving electronic and digital records clear status as primary evidence.
Type: LawReplaced the Indian Evidence Act, 1872, ending a colonial-era statute.
Recognises electronic and digital records as primary evidence.
Expands electronic records to include information stored in semiconductor memory and communication devices (smartphones, laptops).
Retains established concepts — relevancy of facts, admissions and confessions, and burden of proof.
One of the three new criminal laws effective from 1 July 2024.
Frequency: Highly current after the 2024 criminal law reforms; frequently tested.
The law of evidence in India was governed for over 150 years by the Indian Evidence Act, 1872, drafted during British rule. As part of an overhaul of colonial-era criminal statutes, Parliament passed three replacement laws in December 2023.
Indian Evidence Act enacted under British rule
Bharatiya Sakshya Adhiniyam passed by Parliament and given presidential assent
BSA, 2023 comes into force, replacing the 1872 Act
BSA, 2023 = new law of evidence; replaced Indian Evidence Act, 1872.
In force from 1 July 2024.
Electronic/digital records recognised as primary evidence.
'Sakshya' = evidence.
Part of the trio: BNS, BNSS, BSA.
It replaced the Indian Evidence Act, 1872, the colonial-era law on evidence.
It came into force on 1 July 2024, along with the BNS and BNSS.
It gives electronic and digital records clear recognition as primary evidence, reflecting modern technology.