Bharatiya Sakshya Bill, 2023 - Proposed Changes To Indian Evidence Act, 1872

Cyril Amarchand Mangaldas Update

The Bharatiya Sakshya Bill, 2023 was introduced in the Lok Sabha on August 11, 2023 with the aim to repeal and replace the existing Indian Evidence Act, 1872 along with two other bills intended to replace the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973.

This note summarises the most notable changes to the Evidence Act which have been proposed in the Bill.

The most significant changes in this Bill pertain to consolidation of sections and removal of references from the colonial era, while maintaining a construct largely similar to that of the existing Evidence Act.

In terms of notable changes, starting with Chapter I of the Bill and particularly Section 2 which sets out certain definitions, the definitions of ‘conclusive proof’, ‘may presume’ and ‘shall presume’ under Section 4 of the Evidence Act have been consolidated into one definition clause .

Section 2(2) of the Bill provides for interpretation of words used under the Bill but not specifically defined under it to have the same meaning for the same words as defined under Information Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023.

The provisions of Chapter II of the Bill, concerning ‘Closely Connected Facts’ (which includes provisions on evidence of facts in issue and relevant facts, relevancy of facts forming part of the same transaction, facts being occasion, cause or effect of facts in issue; facts showing existence of mind etc.) are identical to the Evidence Act.

The language of Section 12 of the Evidence Act though (which provided the relevance of facts which enable the court to determine damages) has been modified slightly under Section 10 of the Bill, while remaining same in substance.

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