Section 268 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
πΉ Section 268 β Explanation in Detail (Without Reference to External Laws)
π Bare Text (Paraphrased for Understanding):
Section 268 provides a power to make rules for the effective implementation of the Bharatiya Sakshya Adhiniyam, 2023.
It allows the Central Government to make rules that help in carrying out the purposes of this Act. These rules must be consistent with the Act itself.
π Detailed Breakdown:
1. Empowering Provision:
This section gives authority to the Central Government (not state governments or any other authority) to create rules.
These rules are subordinate legislation, meaning they are created under the authority of the Act, but cannot override or contradict it.
2. Purpose of Rule-Making:
The rules are meant to help in implementing and operationalizing the provisions of the BSA.
For example, the Act may provide a general principle (like acceptance of electronic records), and the rules may specify:
What kind of electronic records are acceptable,
How they should be presented,
Standards for authenticity, etc.
3. Limits to Rule-Making Power:
The rules must be "not inconsistent" with the BSA. This means:
The rules cannot contradict the main provisions of the Act.
If there's any inconsistency, the provisions of the Act will prevail.
4. Legal Effect:
Once framed and notified, these rules have legal force.
Courts and authorities will follow the rules framed under this section as part of the procedural framework.
π§ Why Section 268 is Important:
It allows flexibility in how the law is applied, especially since the nature of evidence (especially digital and technological) changes over time.
Rather than amending the Act frequently, the government can update rules to adapt to practical needs.
It plays a vital role in the administrative execution of the law.
π Illustrative Example:
Letβs say the BSA allows digital signatures as evidence.
Section 268 allows the Central Government to make a rule specifying:
Which digital signature technologies are accepted,
The standard of encryption required,
Who can issue valid certificates for digital signatures.
π Conclusion:
Section 268 of the Bharatiya Sakshya Adhiniyam, 2023 is a procedural and enabling provision. It grants the Central Government the authority to make rules necessary for implementing the Act effectively, ensuring that the legal framework remains adaptable and up-to-date with changing technologies and practical needs.
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