Section 11 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Background of the Bharatiya Sakshya Adhiniyam (BSA), 2023
The Bharatiya Sakshya Adhiniyam, 2023 (also called the Indian Evidence Act, 2023) is a newly enacted law that replaces the old Indian Evidence Act of 1872. It was enacted to modernize and streamline the rules and principles governing the admissibility and use of evidence in Indian courts.
It received Presidential assent on December 25, 2023.
It came into effect on July 1, 2024.
The Act consists of 170 sections, reorganized into several parts covering everything from the relevance of facts to the production and examination of evidence.
The Act updates, adds, and removes certain provisions from the old 1872 law to make it more in tune with modern legal and technological developments.
Structure of the Act:
Part 1: Preliminary Provisions (Sections 1–2)
Part 2: Relevance of Facts (Sections 3–50)
Part 3: Proof of Evidence (Sections 51–93)
Part 4: Production and Effects of Evidence (Sections 94–120)
Part 5: Examination of Evidence and Other Provisions (Sections 121–170)
Section 11 of the Bharatiya Sakshya Adhiniyam, 2023
Unfortunately, specific detailed text or explanation of Section 11 is not publicly available in mainstream resources yet. Since this is a very recent law, the full annotated text and detailed commentaries might not be widely circulated online.
What is Typically Covered in Early Sections of Evidence Acts?
In the traditional Indian Evidence Act, Section 11 dealt with “When facts not otherwise relevant become relevant” — which often means facts that, while not directly relevant, become relevant because they explain other relevant facts or circumstances.
In the new BSA, it’s likely that Section 11 will have a similar role related to defining the conditions under which certain facts, which might not seem relevant at first glance, can be admitted as evidence because they help to understand the context or relationship of other facts.
Why is this important?
Understanding which facts can be admitted is key to ensuring a fair trial.
Courts must decide not just what facts are true, but which facts should be allowed to be presented to prove or disprove other facts.
The BSA aims to clarify these rules and make evidence admissibility clearer and more consistent.
Next Steps
If you want to know the exact wording or detailed judicial interpretation of Section 11 of the Bharatiya Sakshya Adhiniyam, 2023, I can help guide you to:
Official government publications or the India Code website, where the full text is posted.
Legal databases or commentaries that will be published as the law gains more usage.
Summaries or explanations from legal experts as they analyze the new law.
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