Which major legal framework does the Bharatiya Sakshya Adhiniyam, 2023, seek to align with in recognizing electronic evidence?
- (a)The Information Technology Act, 2000
- (b)The Indian Evidence Act, 1872
- (c)The National Investigation Agency Act, 2008
- (d)The Protection of Women from Domestic Violence Act, 2005
Answer
Why
Correct — A. The Information Technology Act, 2000 gives legal recognition to electronic records, and it amended the Indian Evidence Act so that electronic records could be admitted in court.
The Bharatiya Sakshya Adhiniyam, 2023 builds on that framework, treating electronic records as documents and keeping the certificate for admitting them. The IT Act is the law it aligns with, while the 1872 Act is the one it replaced → option (a).
Why the others are wrong
- (b)The Indian Evidence Act, 1872 — The Indian Evidence Act, 1872 is the law the BSA replaced, with effect from 1 July 2024. A new law aligns with a framework that stays in force, not with the one it repeals.
- (c)The National Investigation Agency Act, 2008 — The NIA Act, 2008 created the National Investigation Agency to investigate terror and related offences. It governs investigation, not how courts admit electronic records.
- (d)The Protection of Women from Domestic Violence Act, 2005 — The Domestic Violence Act, 2005 gives women protection orders, residence orders and other civil remedies against abuse at home. It has no bearing on electronic evidence.
Concept
In 2023 Parliament replaced three colonial-era criminal laws. The Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act, 1872, and came into force on 1 July 2024, together with the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita.
Under the old law, as amended by the IT Act, electronic records were admitted as secondary evidence with a certificate.
The BSA counts electronic records as documents and treats one produced from proper custody as primary evidence unless it is disputed. It keeps the certificate.
The stem's word align decides it. The 1872 Act is the tempting pick because the BSA succeeded it, but succeeding a law is not aligning with it.
Key facts
- The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 and came into force on 1 July 2024.
- The Information Technology Act, 2000 amended the Indian Evidence Act to provide for the admissibility of electronic records.
- Under the BSA, an electronic record produced from proper custody is primary evidence unless disputed.
- The BSA retains the certificate requirement for admitting electronic records.
Study next
Common traps
- Choosing the Indian Evidence Act because the BSA grew out of it: the stem asks what the BSA aligns with, and the 1872 Act is what it repealed.
The BSA's handling of electronic records is also asked at 12 Sep 2025, 9:00, GA Q.17 (digital and electronic evidence) and 24 Sep 2025, 12:30, GA Q.1 (the certificate).
The law it replaced is asked directly at 22 Sep 2025, 9:00, GA Q.6.
Related PYQs
No directly related past PYQ was found.