Section 2(1)(e) of BSA 2023: Redefining Evidence in India’s Digital Age
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a new law in India that updates how evidence is handled in courts, replacing the old Indian Evidence Act, 1872 (IEA). At its core, Section 2(1)(e) defines what counts as "evidence" in today’s world, including digital and electronic forms. This section is crucial for lawyers, forensic experts, and anyone involved in the justice system. This blog breaks down Section 2(1)(e), explains it in simple terms, and highlights its importance for forensic professionals.
Understanding Section 2(1)(e)
"Evidence" means and includes—
(i) all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry, and such statements are called oral evidence;
(ii) all documents, including electronic or digital records, produced for the inspection of the Court, and such documents are called documentary evidence.
This section says that evidence can be things people say (even online) or documents (including digital ones) that the court accepts to understand a case.
Breaking Down Section 2(1)(e) in Simple Language
Let’s explain each part of Section 2(1)(e) in easy English for everyone to understand:
- "Evidence" means and includes—"
- Explanation: Evidence is anything used in court to prove or disprove something. This section lists two main types of evidence.
- "all statements, including statements given electronically,"
- Explanation: Statements are what people (like witnesses) say about the case. Now, these can be said in person or through electronic ways, like video calls or online chats.
- "which the Court permits or requires to be made before it by witnesses"
- Explanation: The court decides which statements it will accept. Only those said by witnesses (people who know something about the case) are allowed.
- "in relation to matters of fact under inquiry"
- Explanation: These statements must be about the facts the court is trying to figure out, like what happened in the case.
- "and such statements are called oral evidence"
- Explanation: Statements (whether in person or online) are called "oral evidence" because they come from someone speaking.
- "all documents, including electronic or digital records"
- Explanation: Documents are things like papers, emails, WhatsApp messages, or files on a computer or phone that can be shown in court.
- "produced for the inspection of the Court"
- Explanation: These documents must be given to the court so the judge can look at them.
- "and such documents are called documentary evidence."
- Explanation: Documents, whether paper or digital, are called "documentary evidence" because they are written or recorded proof.
In short, evidence is either what someone says (in person or online) or what’s written down (on paper or digitally) that the court accepts to help decide a case.
Key Features
- Electronic Oral Evidence:
- Allows witnesses to testify via video calls or other electronic methods.
- Works with Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which supports virtual court hearings.
- Benefit: Makes it easier for people far away to share their story without traveling.
- Digital Documentary Evidence:
- Includes digital things like emails, text messages, or cloud data.
- Under Section 57 of BSA, some digital records are treated as main evidence, unlike the old law where they were less trusted.
- Impact: Helps in cases like cybercrimes or online fraud.
- Future-Ready Law:
- Covers new tech like AI or blockchain, so the law stays useful as technology changes.
Comparison with the Old Law (IEA 1872)
The old law from 1872 didn’t know about smartphones or the internet. Here’s how Section 2(1)(e) is different:
| Aspect | IEA 1872 (Section 3) | BSA 2023 (Section 2(1)(e)) |
|---|---|---|
| Oral Evidence | Only in-person statements. | Includes video call statements. |
| Documentary Evidence | Mostly paper documents; digital ones needed extra proof. | Includes digital records like emails as main evidence. |
| Tech Scope | Didn’t cover digital evidence well. |
Why Forensic Experts Care
Section 2(1)(e) makes digital evidence a big part of court cases, so forensic experts are key to checking and presenting it.
- Checking Digital Evidence: Experts make sure things like text messages or emails are real and not fake.
- Keeping Evidence Safe: They follow Section 63 of BSA to prove digital evidence wasn’t changed, as stressed in a 2014 court case (Anvar P.V. v. P.K. Basheer).
- Online Testimony: Experts might share their findings via video calls, so they need secure tech.
- Global Cases: The law allows digital evidence from other countries, helping international cases.
Real-Life Examples
- Cybercrime: A hacker’s email can be used as evidence if a forensic expert checks it’s real.
- Business Fights: A digital contract or email can prove an agreement in court.
- Witness Testimony: Someone abroad can testify via Zoom, saving time and money.
Challenges and Solutions
- Fake Evidence Risk: Digital evidence can be changed. Experts use special tools to check it’s real.
- Court Tech Issues: Some courts lack good tech. Training and better equipment can help.
- Understanding Tech: Judges may need help understanding digital evidence, so experts must explain clearly.
Tips for Forensic Experts
- Use tools like EnCase to check digital evidence.
- Follow Section 63 to certify digital records.
- Keep clear records of how evidence was handled.
- Learn about new tech like cloud data.
- Explain findings simply for courts.
Conclusion
Section 2(1)(e) of the BSA 2023 changes how evidence works in India by including digital statements and records. This makes courts faster, fairer, and ready for today’s tech world. For forensic experts, it’s a chance to shine by ensuring digital evidence is trustworthy. By embracing this law, we can help deliver justice in the digital age.
Budding Forensic Expert
Empowering Justice Through Evidence
