JUDICIARY PREP | APRIL 2026
Complete notes on Bharatiya Sakshya Adhiniyam 2023 — key provisions, comparison with Indian Evidence Act 1872, and must-know sections for judiciary and APO exams 2027.
BSA (Bharatiya Sakshya Adhiniyam) 2023 replaced the 152-year-old Indian Evidence Act 1872 from July 1, 2024. Every judiciary exam aspirant appearing from 2025 onwards must thoroughly understand BSA — the new sections, key changes, and especially the expanded provisions on electronic evidence.
Last Updated: April 2026
BSA 2023 — Overview and Key Facts
• Full name: Bharatiya Sakshya Adhiniyam, 2023
• Replaced: Indian Evidence Act, 1872 (IEA)
• Effective from: July 1, 2024
• Total sections: 170 (IEA had 167 sections)
• Number of chapters: 12
• Key additions: Enhanced electronic records, DNA evidence explicitly included
• Passed by Parliament: December 2023
BSA is part of the three-law criminal justice reform package along with BNS (replacing IPC) and BNSS (replacing CrPC). Together, these three new laws form the foundation of India’s revised criminal justice system as of July 1, 2024.
Key Changes: BSA vs Indian Evidence Act
| Feature | Indian Evidence Act 1872 | BSA 2023 |
|---|---|---|
| Total Sections | 167 | 170 |
| Electronic Records | Secondary evidence status, limited provisions | Primary evidence status, enhanced recognition (Sec 61-65) |
| DNA Evidence | Not explicitly mentioned | Explicitly included |
| Joint Trial | Limited provisions | Expanded provisions |
| Admissions | Sections 17-23 | Sections 23-30 |
| Burden of Proof | Sections 101-114 | Sections 101-117 (renumbered) |
| Enacted Year | 1872 (British era) | 2023 (independent India) |
Important BSA Sections for Judiciary Exams
• Section 1: Short title, extent and commencement — BSA applies to all judicial proceedings in India except those before an Arbitrator
• Sections 3-7: Definitions — Facts, Facts in Issue, Relevant facts, Evidence (oral + documentary)
• Sections 8-22: Relevancy of facts — including motive, preparation, conduct (most tested area)
• Sections 23-30: Admissions — when admissions are relevant, confessions
• Sections 31-43: Statements by persons who cannot be called as witnesses
• Sections 61-65: Electronic records — certification requirements, authenticity, admissibility
• Sections 95-100: Oral evidence — direct evidence rules
• Sections 101-117: Burden of proof and presumptions
• Sections 148-150: General provisions on burden of proof
Electronic Records Under BSA — Key Changes for Exams
One of the most significant improvements in BSA is the treatment of electronic records. Under the Indian Evidence Act, electronic records were secondary evidence requiring a certificate under Section 65B. BSA 2023 substantially upgrades this:
- Electronic records as primary evidence: Section 57 of BSA treats electronic records as primary evidence in many circumstances
- Certificate requirement simplified: Section 63 streamlines the certificate requirements
- Electronic evidence includes: WhatsApp messages, emails, CCTV footage, digital documents, social media posts — all explicitly recognised
- DNA evidence: Explicitly recognised as forensic evidence in criminal matters
- Cloud storage: Documents stored in cloud are recognised under BSA’s electronic records provisions
FARABE = Facts/Relevancy (3-22) | Admissions (23-30) | Residuary-Statements (31-43) | Admissibility-Electronic (61-65) | Burden (101-117) | End-General (148-170)
Think: “FARABE the evidence — Facts, Admissions, Residuary, Authenticity, Burden, End”
Practice MCQs — Bharatiya Sakshya Adhiniyam
Practice Quiz — 10 Judiciary Exam-Style Questions
Click an option to reveal the answer and explanation.
Frequently Asked Questions — BSA 2023
Q: Is BSA applicable to civil cases or only criminal cases?
A: BSA applies to all judicial proceedings in India including both civil and criminal cases, EXCEPT proceedings before an Arbitrator. This is same as the Indian Evidence Act which it replaced.
Q: What happens to old IEA cases still pending in courts?
A: Cases registered before July 1, 2024 continue to be governed by the old Indian Evidence Act. BSA applies to cases registered from July 1, 2024 onwards.
Q: How does BSA treat WhatsApp messages as evidence?
A: BSA explicitly recognises electronic records including WhatsApp messages, emails, and digital documents as admissible evidence. They are treated as electronic records under Sections 61-65 of BSA.
Q: For judiciary exam preparation, should I study IEA or BSA?
A: Study BSA 2023 as the primary subject. However, understanding IEA is useful for comparative questions that appear in competitive exams. Most exams from 2025-26 cycle will primarily test BSA.
Sources: Bharatiya Sakshya Adhiniyam 2023 (Official Gazette), Ministry of Law and Justice notifications. Content accurate as of April 2026.
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