Daily Current Affairs : 12-August-2023

In recent news, a significant development has taken place in the legal landscape of India with the introduction of the Bharatiya Sakshya Bill 2023 by the Union Home Minister. This bill holds the potential to bring about substantial changes in the way evidence is presented and considered in legal proceedings. The Bharatiya Sakshya Bill aims to replace the archaic Indian Evidence Act of 1872, marking a significant step towards modernizing the legal framework governing the admissibility of evidence.

Understanding the Bharatiya Sakshya Bill, 2023

The Bharatiya Sakshya Bill is laden with crucial provisions that hold the potential to reshape the way evidence is treated in legal cases. One of the most noteworthy provisions is the recognition of electronic or digital records as admissible evidence. This revolutionary change signifies that electronic documents will now carry the same weight and legal standing as traditional paper documents. This move is reflective of the growing digitalization of our society and recognizes the legitimacy of electronic records in legal proceedings.

The bill doesn’t merely introduce new provisions; it also addresses the shortcomings of the existing law. By repealing five existing provisions of the outdated Evidence Act and modifying 23 others, the Bharatiya Sakshya Bill aims to create a more streamlined and effective legal framework for dealing with evidence. Furthermore, the bill adds one entirely new provision, thereby ensuring comprehensive coverage of the evolving evidentiary landscape.

Key Highlights of the Bill

The Bharatiya Sakshya Bill is a comprehensive piece of legislation, encompassing a total of 170 sections. Some of its key highlights include:

  • Expanding the scope of secondary evidence: The bill extends the definition of secondary evidence to include copies made through mechanical processes, counterparts of documents, and oral accounts of document contents. This broadening of the scope ensures that various forms of evidence are considered valid and admissible.
  • Uniform rules for evidence: One of the primary objectives of the bill is to establish precise and uniform regulations for the presentation and consideration of evidence during trials. This move aims to eliminate ambiguity and inconsistencies that may arise due to differing interpretations of evidence-related rules.
Objectives and Necessity

The decision to introduce the Bharatiya Sakshya Bill stems from the realization that the existing Indian Evidence Act, formulated in 1872, has failed to keep pace with the rapid technological advancements witnessed in the country over the past few decades. The bill is a response to the urgent need to align legal provisions with the contemporary technological landscape.

Moreover, the bill’s objectives extend beyond technological integration. It seeks to consolidate and provide a comprehensive set of rules and principles for the admission of evidence. By doing so, it strives to ensure a fair trial process that considers all relevant forms of evidence, regardless of their format.

Important Points:

  • Understanding the Bill:
    • Replaces outdated Indian Evidence Act of 1872.
    • Recognizes electronic/digital records as valid evidence.
    • Digital records carry same legal weight as paper documents.
    • Repeals 5 existing provisions, modifies 23, and adds 1 new provision.
  • Key Highlights of the Bill:
    • Comprehensive legislation with 170 sections.
    • Expands secondary evidence scope to include various forms.
    • Establishes uniform rules for evidence presentation.
  • Objectives and Necessity:
    • Existing Evidence Act unable to adapt to technological advancements.
    • Addresses contemporary needs and aspirations of society.
    • Aims to consolidate rules for fair trial and evidence presentation.
Why In News

Recently, in a significant legislative move, the Union Home Minister introduced the transformative Bharatiya Sakshya Bill, 2023, aiming to revolutionize the education system. This progressive bill not only emphasizes academic excellence but also focuses on holistic skill development, fostering a generation of well-rounded individuals ready to contribute to the nation’s growth.

MCQs about The Bharatiya Sakshya Bill 2023

  1. What is the primary objective of the Bharatiya Sakshya Bill 2023?
    A. To repeal the Indian Evidence Act of 1872.
    B. To introduce new criminal laws.
    C. To establish uniform rules for evidence presentation.
    D. To regulate digital communication.
    Correct Answer: C. To establish uniform rules for evidence presentation.
    Explanation: The bill aims to create precise and uniform regulations for evidence presentation during trials, eliminating ambiguity and inconsistencies.
  2. How does the Bharatiya Sakshya Bill treat electronic records in legal proceedings?
    A. It excludes them from being admissible as evidence.
    B. It gives them more weight than paper documents.
    C. It treats them with the same legal effect as paper documents.
    D. It considers them secondary evidence.
    Correct Answer: C. It treats them with the same legal effect as paper documents.
    Explanation: The bill recognizes electronic or digital records as admissible evidence, granting them the same legal standing as traditional paper documents.
  3. Why was there a need for the Bharatiya Sakshya Bill 2023?
    A. To introduce new criminal penalties.
    B. To align laws with technological advancements.
    C. To limit the scope of evidence presentation.
    D. To repeal the entire Indian legal system.
    Correct Answer: B. To align laws with technological advancements.
    Explanation: The bill was introduced to address the failure of the outdated Indian Evidence Act in accommodating technological advancements, necessitating a modernized legal framework.

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