Bharatiya Sakshya Adhiniyam (BSA) is India's new law of evidence that replaced the Indian Evidence Act, 1872 with effect from 1 July 2024. Enacted as Act No. 47 of 2023, the BSA contains 170 sections and significantly modernises the evidentiary framework by recognising electronic records as primary evidence, expanding the scope of admissible digital evidence, and introducing standardised certification requirements for electronic documents.
Legal definition
The Bharatiya Sakshya Adhiniyam, 2023 was passed by Parliament on 21 December 2023 and received Presidential assent on 25 December 2023. It governs the rules of evidence — what facts are admissible, how they may be proved, and what weight courts must attach to different categories of evidence.
The long title reads: "An Act to consolidate and amend the law of evidence and for matters connected therewith or incidental thereto."
The BSA restructures the Indian Evidence Act's 167 sections into 170 sections. While the fundamental principles of evidence law remain substantially unchanged, the BSA introduces critical updates for the digital age:
Electronic evidence as primary evidence (Sections 57-63):
Under the Indian Evidence Act, electronic records were treated as secondary evidence requiring certification under Section 65B. The BSA fundamentally shifts this position by classifying electronic records as primary evidence under Section 57. Four new explanations clarify that:
- Where an electronic record is stored simultaneously or sequentially in multiple files, each file constitutes primary evidence
- Where an electronic record is produced from proper custody, it is primary evidence unless disputed
- Where a video recording is simultaneously stored and transmitted, each stored copy is primary evidence
- Where an electronic record exists in multiple storage spaces including temporary files, each is primary evidence
Standardised certification (Section 63(4)): The certificate required for admission of electronic evidence must now be signed not only by the person responsible for the device but also by an expert. The format has been standardised in a schedule appended to the Act.
Expanded definition of "document" (Section 2(d)): The definition now explicitly includes electronic and digital records, information stored in semiconductor memory, and data in communication devices such as smartphones and laptops.
How courts have interpreted this term
Anvar P.V. v. P.K. Basheer [(2014) 10 SCC 473]
This pre-BSA landmark established that electronic evidence is inadmissible without a certificate under Section 65B of the Indian Evidence Act. The BSA has codified and clarified this principle while simultaneously elevating electronic records to primary evidence status. The Anvar standard of mandatory certification continues under Section 63(4) BSA, though with a more structured format.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal [(2020) 7 SCC 1]
A three-judge bench of the Supreme Court, resolving a conflict between Anvar and Shafhi Mohammad, held that the Section 65B certificate is a mandatory condition for admissibility of electronic evidence, not merely a procedural formality. This ruling's core principle — that electronic evidence requires authentication — is preserved and strengthened in the BSA through the dual certification requirement (custodian plus expert).
Tomaso Bruno v. State of U.P. [(2015) 7 SCC 178]
The Supreme Court held that electronic evidence must be appreciated with the same rigour as physical evidence, and courts must examine whether the electronic record has been tampered with or is in its original state. The BSA's introduction of cryptographic hash values (such as SHA256) for integrity verification addresses this concern with a technological solution.
Why this matters
The BSA's most significant practical impact is the elevation of electronic records to primary evidence. Under the old Evidence Act, electronic records were always secondary evidence, creating procedural hurdles for parties relying on emails, digital contracts, CCTV footage, or electronic financial records. Under the BSA, such records are now primary evidence when produced from proper custody — reducing the evidentiary burden significantly.
For legal practitioners, the dual certification requirement (custodian plus expert) under Section 63(4) means that parties must plan evidence collection more carefully. A simple affidavit from the device owner is no longer sufficient; an expert's certification is also required. This has implications for cost and preparation time in litigation involving digital evidence.
For businesses and individuals, the BSA validates the legal standing of digital transactions, electronic contracts, and digital signatures. The expanded definition of "document" ensures that evidence from smartphones, cloud storage, social media platforms, and messaging applications is admissible without the artificial distinction between physical and electronic records that plagued the old regime.
Related terms
Companion legislation:
Key evidentiary concepts:
Related concepts:
Frequently asked questions
When did the BSA replace the Indian Evidence Act?
The Bharatiya Sakshya Adhiniyam, 2023 came into effect on 1 July 2024, replacing the Indian Evidence Act, 1872. The BSA applies to all proceedings where evidence is led on or after this date, regardless of when the underlying case was filed.
How does the BSA treat electronic evidence differently?
The BSA classifies electronic records as primary evidence under Section 57, whereas the Indian Evidence Act treated them as secondary evidence under Sections 63 and 65B. This means electronic records produced from proper custody are now admissible as primary evidence without needing to establish that the original is unavailable. However, a certificate under Section 63(4) — signed by both the custodian and an expert — remains mandatory.
What is the hash value requirement under the BSA?
The BSA introduces the use of cryptographic hash values (such as SHA256) to verify the integrity of electronic records. A hash value acts as a digital fingerprint — if the electronic record is tampered with, the hash value changes, making the alteration detectable. This provides courts with a technological standard for assessing whether digital evidence has been modified.
Does the BSA change the rules on confessions and dying declarations?
The fundamental rules governing confessions (inadmissibility of confessions to police, relevance of confessions before Magistrate) and dying declarations remain substantially the same under the BSA. These concepts were well-settled under the Evidence Act and have been carried forward with re-numbered sections but without material change in substance.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.