A Brief Comparative Analysis Of The New And Old Evidence Act

The amendment to Section 45 of the Indian Evidence Act introduces a specific provision regarding the admissibility of expert opinions on electronic evidence.

- Sherry Samuel Oommen

Introduction

In a sweeping move to modernize India’s criminal justice system, 2023 saw the introduction of three new, comprehensive legal codes. Replacing the colonial-era framework that had been in place for over a century, these reforms mark a significant shift. The Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC), outlining criminal offenses and their punishments. The Bharatiya Nagrik Suraksha Sanhitha (BNSS) succeeds the Code of Criminal Procedure (CrPC). Along with these, The Indian Evidence Act, 1872 (IEA), which served the legal system for over 150 years, has been replaced by the Bharatiya Sakshya Adhiniyam (BSA) in 2023.

The initial proposal, the Bharatiya Sakshya Bill, was introduced in August 2023 aiming to replace the aging Indian Evidence Act, 1872. After revisions, a second Bill, the Bharatiya Sakshya (Second) Bill, was successfully passed by both houses of Parliament and received presidential assent by December 25, 2023, marking the official introduction of the Bharatiya Sakshya Adhiniyam. The BSA and the new laws discussed above are to come into force with effect from 01 July 2024.

Need for the Change

Firstly, the Government acknowledged that the existing Indian Evidence Act (IEA) of 1872 had become outdated. Technological advancements and societal changes over the past decades necessitated a legal framework that could effectively handle new forms of evidence, particularly with the advent of the digital era and its related challenges.

Secondly, the government aimed to move away from the colonial legacy of these laws and establish a more contemporary, “Bharatiya” legal system. This desire for Indianness informed the broader legislative reforms, resulting in the introduction of new codes like Bharatiya Sakshya Adhiniyam.