The Bharatiya Sakshya Bill, 2023 is a proposed law that seeks to reform the Indian Evidence Act, 1872. The bill makes a number of significant changes to the law of evidence, including:
- Permitting the admissibility of electronic or digital records as evidence, recognizing technological advancements.
- Expanding the scope of secondary evidence to include various forms, such as copies made from the original by mechanical processes, counterparts of documents, and oral accounts of document contents given by a person who has seen it.
- Prioritizing bail as the default option in criminal cases, and providing for reforms in bail adjudication.
- Clarifying the definition of "acts endangering sovereignty", in order to prevent arbitrary arrests and infringement on civil liberties.
- Providing clear guidelines for handling forensic evidence, in order to ensure its reliability and admissibility.
- The bill has been met with mixed reactions. Some have praised it for its progressive reforms, while others have expressed concerns about its potential impact on civil liberties.
One of the main concerns about the bill is its potential to lead to arbitrary arrests and infringement on civil liberties. The "acts endangering sovereignty" provision is particularly vague, and it is unclear how it will be interpreted by the courts. This could lead to people being arrested for political or religious reasons, even if they have not actually committed any crime.
Another concern is the lack of clear guidelines for handling forensic evidence. This could lead to problems with the reliability and admissibility of forensic evidence in court.
Despite these concerns, the Bharatiya Sakshya Bill, 2023 has the potential to make significant improvements to the Indian law of evidence. It is important to carefully consider the bill's provisions and to address the concerns that have been raised before it is passed into law.
In addition to the concerns mentioned above, there are a few other potential drawbacks to the Bharatiya Sakshya Bill, 2023. For example, the bill could make it more difficult for defendants to challenge the admissibility of evidence, and it could also lead to an increase in the cost of litigation.
The Bharatiya Sakshya Bill, 2023 is a complex piece of legislation with the potential to make both positive and negative impacts on the Indian criminal justice system. It is important to carefully consider the bill's provisions and to address the concerns that have been raised before it is passed into law.