Key points are present in Bharatiya sakhsya bill 2023
The Bharatiya Sakshya Bill, 2023 (BSB) is a proposed law that will replace the Indian Evidence Act, 1872. The BSB introduces several new points and amendments to the existing law, including:
The definition of "evidence" is expanded to include electronic evidence.
This will bring India in line with international standards and make it easier to admit electronic evidence in court.
The admissibility of hearsay evidence is restricted.
Hearsay evidence is secondhand information that is not based on the personal knowledge of the witness. The BSB makes it more difficult to admit hearsay evidence in court, which will help to ensure that only reliable evidence is considered.
The burden of proof is shifted in some cases.
In criminal cases, the burden of proof is currently on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The BSB shifts the burden of proof in some cases to the defendant, such as in cases of sexual assault. This will make it more difficult for defendants to get away with crimes, especially those that are often perpetrated against vulnerable people.
The admissibility of confessions is restricted.
Confessions are statements made by a suspect to the police or other authorities that admit to committing a crime. The BSB makes it more difficult to admit confessions in court, which will help to protect the rights of suspects and ensure that only reliable confessions are considered.
The BSB also introduces new provisions related to videography of interrogations and the recording of witness testimony.
These provisions are intended to improve the reliability of evidence and to protect the rights of suspects and witnesses.
The BSB is a significant piece of legislation that will have a major impact on the Indian legal system. The new law is intended to make the justice system more efficient and fair, and to bring it in line with international standards.
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