The Bharatiya Sakshya Adhiniyam(BSA) places emphasis on the use of technology to ensure the authenticity of evidence. This is particularly relevant for:
- (a)Physical exhibits from crime scenes.
- (b)Hand-written diaries.
- (c)Digital and electronic evidence.
- (d)Oral confessions.
Answer
Why
Correct — C. The Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act, 1872, treats electronic records as documents.
Its Section 63 requires a certificate with an electronic record each time it is offered in evidence, signed by the person in charge of the device and by an expert.
That technology-based check on authenticity is aimed at digital and electronic evidence.
Why the others are wrong
- (a)Physical exhibits from crime scenes. — Physical exhibits such as a weapon or clothing are material objects, proved through the witnesses who seized or examined them. The Section 63 certificate applies to electronic records, not objects.
- (b)Hand-written diaries. — A hand-written diary is a paper document. Its authorship is proved through handwriting evidence, not through the device certificate the Adhiniyam demands for electronic records.
- (d)Oral confessions. — An oral confession is spoken testimony, not stored data. Whether it is admissible turns on who heard it and whether it was voluntary, not on a device certificate.
Concept
The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, together with the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita.
It keeps the frame of the 1872 Evidence Act but updates it for digital records. Electronic records count as documents, and the definition reaches information held in semiconductor memory and smartphones.
Admissibility of such records runs through Section 63, which replaced Section 65B of the old Act.
Key facts
- The Bharatiya Sakshya Adhiniyam, 2023 received Presidential assent on 25 December 2023 and came into force on 1 July 2024.
- It replaced the Indian Evidence Act, 1872, and has 170 sections against the old Act's 167.
- Section 63 of the Adhiniyam replaced Section 65B of the Evidence Act on the admissibility of electronic records.
- The Section 63 certificate is signed by the person in charge of the device or activity and by an expert.
Study next
Common traps
- Choosing "physical exhibits" because forensics is technological — the stem is about authenticating records, and the certificate regime covers electronic records.
- Mixing up the three new laws: the Sakshya Adhiniyam is evidence, the Nyaya Sanhita is offences, the Nagarik Suraksha Sanhita is procedure.
This item asks what the new law is for, not for a section number. The stem's own phrase, "use of technology to ensure the authenticity of evidence", points to evidence that a device produces.
Related PYQs
No directly related past PYQ was found.