Why there is need to change Indian Evidence Act
In the year 1872, the authorities enacted the Evidence Act with the intention of consolidating the law concerning evidence. This law enables the court to reach conclusions regarding the facts of a case and subsequently deliver judgments based on them. The Evidence Act became effective on 1st September 1872.
The experience of seven decades of Indian democracy calls for a comprehensivereview of our criminal laws including Indian Evidence Act and adopt them in accordancewith the contemporary needs and aspirations of people. The law of evidence, which is not substantive or procedural law, falls into the category of ‘adjective law’ that defines the pleading and methodology through which substantive or procedural laws are operationalized.
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The existing law does not address the technological advancement undergone in the countryduring the last few decades.
The proposed legislation, namely “Bhartiya SakshyaAdhiniyam“, inter alia,provides as under—
it provides that ‘evidence’ includes any information given electronically,which would permit appearance of witnesses, accused, experts and victims throughelectronic means;
it provides for admissibility of an electronic or digital record as evidenceand it shall have the same legal effect, validity and enforceability as paper records.
it seeks to expand the scope of secondary evidence to include copies madefrom original by mechanical processes, copies made from or compared with the original,counterparts of documents as against the parties who did not execute them and oralaccounts of the contents of a document given by some person who has himself seenit and giving matching hash # value of original record will be admissible as proof ofevidence in the form of secondary evidence.
it seeks to puts limits on the facts which are admissible and its certificationas such in the courts. The proposed Bill introduces more precise and uniform rules ofpractice of court.
Read Also: Judicial Interview questions for Indian Evidence Act
Why there is need to change Indian Evidence Act, Why there is need to change Indian Evidence Act
