Indian Evidence Act 1872, Modifications, Amendments, Aim & Objectives

Indian Evidence Act 1872: The Indian Evidence Act, 1872, is a comprehensive statute that governs the admissibility, relevance, and treatment of evidence in Indian courts. The Act aims to ensure that only relevant and reliable evidence is presented in legal proceedings, thereby promoting justice and fairness in the judicial system. Over the years, it has evolved through amendments and judicial interpretations to address contemporary legal challenges and advancements in technology.

Indian Evidence Act 1872 and Bharatiya Sakshya Adhiniyam 2023 Overview

Modification of the Indian Evidence Act 1872

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Major Enhancement of the Indian Evidence Act 1872

• Admissibility of Electronic Evidence (2000)

• Opinions of Examiner of Electronic Evidence (2008)

• Expert Evidence (Section 45)

• Admissibility of Secondary Evidence

• Amendments Following JS Verma Committee Recommendations (2013)

1. Section 53A: It prevents the courts from considering evidence based on the victim's character.
2. Section 146: It dictates that no questions or inquiries will be made about a rape survivor's character or sexual experience during cross-examination to prove consent.
3. Minimum Sentence for Rape: According to it, a minimum sentence of 7 years imprisonment will be granted in rape cases.

• Criminal Law Amendment Act (2018)

1. Section 52A: It excluded evidence of character or previous sexual experience concerning certain cases.
2. Sections 376AB, 376B, 376C, 376D, 376DA, and 376DB: Addresses various aspects of sexual offenses.
3. Section 146: It ensures that victims are well treated during cross-examination, thus protecting their privacy and dignity.

Aims and Objectives of Bharatiya Sakshya Adhiniyam 2023

Scheme of the Indian Evidence Act 1872 and Bharatiya Sakshya Adhiniyam 2023

Salient Features of the Indian Evidence Act 1872 and Bharatiya Sakshya Adhiniyam 2023

What’s Different in the Bharatiya Sakshya Adhiniyam 2023?

• Removal of Archaic and Colonial Terms

• Territorial Application

• Application to Courts-Martial

• Revised Definition of Facts in Issue

• Addition of Coercion to Confession Disqualification

• Judicial Notice

Judicial Precedents of the Indian Evidence Act 1872

• Dalip Singh and Others vs State of Punjab (1953)

• Mohan Lal v. State of Punjab (2018)

• Jayamma vs State of Karnataka (2021)

• Pakala Narayana Swami vs Emperor (1939)

• S. P. Gupta v. Union of India (1981)