On 12 December 2023, the Bharatiya Sakshya bill, 2023 was withdrawn.
On 12 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Lok Sabha.
On 20 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Lok Sabha.[4]
On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was introduced in Rajya Sabha.
On 21 December 2023, the Bharatiya Sakshya (Second) bill, 2023 was passed in Rajya Sabha.
On 25 December 2023, the Bharatiya Sakshya (Second) bill, 2023 received the assent of the President of India.[5][6]
Structure
The Adhiniyam consists of 170 sections as opposed to the 167 sections in the previous Indian Evidence Act. Of these 167 sections, 23 sections have been modified, five removed, and one more section added.[7][8][9][10]
The Bharatiya Sakshya Adhiniyam, 2023
Part
Chapters
Clauses
Classification of Offences
Part 1
Chapter 1
Clauses 1 to 2
Preliminary
Part 2
Chapter 2
Clauses 3 to 50
Relevancy Of Facts (3)
Closely Connected Facts (4 to 14)
Admissions (15 to 25)
Statements By Persons Who Cannot Be Called As Witnesses (26 to 27)
Statements Made Under Special Circumstances (28 to 32)
How Much Of A Statement Is To Be Proved (33)
Judgments Of Courts When Relevant (34 to 38)
Opinions Of Third Persons When Relevant (39 to 45)
Character When Relevant (46 to 50)
Part 3 On Proof
Chapter 3
Clauses 51 to 53
Facts Which Need Not Be Proved
Chapter 4
Clauses 54 to 55
Of Oral Evidence
Chapter 5
Clauses 56 to 93
Of Documentary Evidence (56 to 73)
Public documents (74 to 77)
Presumptions As To Documents(78 to 93)
Chapter 6
Clauses 94 to 103
Of The Exclusion Of Oral Evidence By Documentary Evidence
Part 4 Production And Effect Of Evidence
Chapter 7
Clauses 104 to 120
Of The Burden Of Proof
Chapter 8
Clauses 121 to 123
Estoppel
Chapter 9
Clauses 124 to 139
Of Witnesses
Chapter 10
Clauses 140 to 168
Of Examination Of Witnesses
Chapter 11
Clauses 169
Of Improper Admission And Rejection Of Evidence
Chapter 12
Clauses 170
Repeal And Savings
Criticism
The new law makes it difficult for defendants to defend themselves at court and encourages prosecutors to produce potentially dubious evidence.[11]
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