Q1. Which of the following statements are correct regarding the Bharatiya Sakshya Adhiniyam, 2023?
1. The Act applies to courts, including Courts-martial, but excludes affidavits and arbitration.
2. "Document" includes emails, server logs, and smartphone messages.
3. Confessions to police officers are admissible without restriction.
4. The Evidence Act of 1872 is repealed, but pending cases follow the old law.
- (a) 1, 2, and 3 only
- (b) 1, 2, and 4 only
- (c) 2, 3, and 4 only
- (d) 1, 2, and 3 all are correct
Answer & solution
Answer: (b) 1, 2, and 4 only
Statement 1 (TRUE): The Bharatiya Sakshya Adhiniyam (BSA), 2023 applies to all judicial proceedings, including Courts-martial, but explicitly excludes affidavits and arbitration proceedings.
Statement 2 (TRUE): BSA significantly expanded the definition of 'Document' to include electronic records such as emails, server logs, smartphone messages, locational evidence, and digital data, reflecting modern evidentiary realities.
Statement 3 (FALSE): Confessions made to police officers are NOT admissible under BSA (just as they were inadmissible under the Indian Evidence Act, 1872). A confession to a police officer is admissible only to the extent that it leads to discovery of facts. This protection against self-incrimination is preserved in BSA.
Statement 4 (TRUE): The Indian Evidence Act, 1872 is repealed by BSA, 2023. However, pending cases initiated before BSA's commencement continue to be governed by the old Evidence Act.
Since Statements 1, 2, and 4 are correct, Option 2 is the answer.