Major Changes Bsa 2023

The new law was passed in parliament in December. Amit Shah stated that the legislature will give preference to providing justice. “These laws are made by Indians, for Indians, and by an Indian Parliament, and they put an end to colonial criminal justice laws,” he stated.

Major Changes BSA 2023

• In the BSA, the scope of evidence has been expanded. It now includes electronic evidence as well. It includes statements given via electronic medium. It means that now the victim, accused and witnesses can appear via electronic means in proceedings in the court. This will be helpful in mitigating the challenges faced due to cost, time, and resources. This will also help in less number of adjournments as now it is not difficult to appear through electronic means.
• The definition of documentary evidence has also been expanded. It includes electronic and digital records as well. This includes electronic records on emails, server logs, documents on computers, laptops, or cell phones, messages, websites, locational evidence, and voice mail messages saved on digital devices. The BSA states that such records have the same legal effect, validity, and enforceability as any other document. These electronic and digital records are now covered under primary evidence. Even though these are now classified as primary evidence, the certificate is still required to be given for this evidence.
• The BSA compels courts to take judicial notice of India’s international treaties, accords, or conventions with other countries, as well as decisions made by India at international organizations or other bodies. This is a significant development, particularly for multinational businesses and individuals with overseas operations, because it will result in Courts automatically recognizing international norms, which can help to foster a sense of community and predictability.
• The BSA has made certain changes in the provision of an accomplice. It states that the accomplice shall be a competent person and the conviction can be made on the corroborated testimony of the accomplice. Earlier, conviction can be made on the uncorroborated testimony but now it needs to be corroborated.
• The IEA regarded inducement, threat, or promise by a person in authority as acts that could render an accused person’s confession irrelevant. However, the BSA defines ‘coercion’ as any conduct that invalidates an accused’s confession. This provides more protection to accused persons by guaranteeing that no excessive pressure is utilized by those in positions of authority to elicit confessions.
• The BSA even provides that the Court cannot require the production of any communication between the ministers and the president. In People’s Union for Civil Liberties v. Union of India (2004), the Supreme Court declared that the only immunity from disclosure was for unpublished State papers about State matters and where disclosure is against the public interest. The establishment of such a carte blanche provision may result in abuse of power because administrative activities can go unchecked in the absence of judicial oversight.
• The BSA has eliminated references to phrases like ‘public Acts passed by the Parliament of the United Kingdom’ and ‘Her Majesty’s Government’. These omissions are intended to eliminate any vestiges of colonial rule from India’s legal system. Furthermore, obsolete terminology such as ‘Vakil’, ‘Pleader’, and ‘Barrister’ has been removed and replaced with ‘Advocate’.

The core principles of BSA i.e., the burden of proof, admissions, and relevancy remain the same. The enactment of BSA is a significant step with the introduction of electronic evidence. Now, what is required is the effective implementation and monitoring of implementation by the various agencies.

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