section 1 and 2 of Bharatiya Sakshya adhiniyam

---

📘 SECTION 1: Title, Application, and Commencement

🔹 Bare Text of Section 1:

“This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.
It applies to all judicial proceedings in or before any court, including courts-martial (other than those convened under the Army Act, the Naval Discipline Act, or the Air Force Act), but not to affidavits presented to any court or officer, nor to proceedings before an arbitrator.
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”

---

✅ Explanation and Analysis:

1. Short Title:

• Official name of the Act: “Bharatiya Sakshya Adhiniyam, 2023”
• It repeals the Indian Evidence Act, 1872 and is part of the new criminal law regime along with:
  • Bharatiya Nyaya Sanhita, 2023 (replacing IPC),
  • Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing CrPC).

2. Extent of Application:

• Applicable to all judicial proceedings in or before any court.
• Exclusions:
  • Affidavits – Not covered under the BSA. They are governed by procedural laws.
  • Arbitration proceedings – Also excluded. These are governed by the Arbitration and Conciliation Act, 1996.
  • Military courts-martial under Army, Navy, Air Force Acts – Excluded, since they follow specific internal procedures.

3. Commencement:

• The Act shall come into force on a date notified by the Central Government in the Official Gazette.
• It is prospective in application unless explicitly stated.

---

📘 SECTION 2: Definitions

Section 2 provides crucial definitions for interpreting the rest of the Act. These are foundational and must be studied carefully. Below is a comprehensive explanation of each term.

---

✅ Clause-by-Clause Detailed Definitions:

---

1. "Court"

Refers to all Judges, Magistrates, and persons legally authorized to take evidence, excluding arbitrators.

🔍 Explanation:

• “Court” here is broader than only judges.
• Includes Commissions, Tribunals, or any authority legally empowered to record evidence.
• Excludes arbitrators, as arbitration is out of the purview of this Act.

---

2. "Conclusive proof"

When one fact is declared to be conclusive proof of another, the court must regard the second fact as proved and cannot allow evidence to disprove it.

🔍 Example:

• Birth certificate issued by a statutory authority may be conclusive proof of age.
• No further evidence can contradict it.

---

3. "Document"

Includes any matter expressed, described, or recorded upon any substance by means of letters, figures, marks, or digital form intended to be used as evidence.

🔍 Expanded Meaning:

• Includes electronic documents like:
  • Emails, SMS, digital signatures
  • CCTV footage, hard drives, blockchain data

🔍 Landmark Case:

• Anvar P.V. v. P.K. Basheer – Recognized the importance of certificates under Section 65B of IEA for electronic evidence.

---

4. "Evidence"

Comprises:

1. All statements by witnesses (oral evidence).
2. All documents, including electronic records produced for court inspection.

🔍 Expanded Scope:

• Includes:
  • Testimony under oath
  • Digital proof like chats, metadata, documents, etc.

---

5. "Fact"

Anything:

1. Perceived by senses (e.g., sight, hearing)
2. Mental condition of which a person is conscious

🔍 Examples:

• “Ram saw Shyam stab Ramesh” – This is a fact.
• “A intends to kill B” – This is also a fact as it relates to mental condition.

---

6. "Fact in issue"

Any fact, from which the existence, non-existence, nature, or extent of any right, liability, or disability asserted in any suit or proceeding, necessarily follows.

🔍 Example:

• In a murder trial: Whether A caused B’s death is a fact in issue.

---

7. "May presume"

Court may either regard a fact as proved unless disproved, or require proof.

🔍 Discretionary Presumption

• Example: The court may presume that a letter was delivered if it was properly posted.

---

8. "Shall presume"

The court must presume the fact as proved unless it is disproved.

🔍 Example:

• Court shall presume that a person is dead if he hasn't been heard of for 7 years.

---

9. "Not proved"

When a fact is neither proved nor disproved.

🔍 Example:

• If evidence is inconclusive, the fact is said to be “not proved”.

---

10. "Proved"

A fact is said to be proved when:

1. The court believes it exists, or
2. There’s such evidence that a prudent man believes it exists.

---

11. "Disproved"

A fact is said to be disproved when the court believes it does not exist, or considers its non-existence so probable that a prudent man would not believe it.

---

12. "India"

Means the territory of India as defined in Article 1 of the Constitution.

---

✅ Summary Table of Key Terms:

Term	Meaning
Court	Any legally authorized person to take evidence (excludes arbitrators)
Document	Written, printed, or electronic material used for evidence
Evidence	Oral statements + documentary/electronic records
Fact	Physical or mental realities
Fact in Issue	Main facts on which rights/liabilities depend
Proved	Court believes a fact exists
Disproved	Court believes a fact does not exist
Not Proved	Evidence is not enough either way
May Presume	Court has discretion to presume
Shall Presume	Mandatory presumption unless rebutted
Conclusive Proof	Cannot be contradicted in court

---

🧠 Judicial Use:

These definitions form the basis for interpreting all types of evidence – oral, documentary, or digital – and are applied in every trial or judicial enquiry.

---