Substantive Laws are those which define the rights, duties, and liabilities of the parties. Bharatiya Nyaya Sanhita [This is the primary substantive criminal law in India (which replaced the Indian Penal Code of 1860). it defines various crimes and their penalties], 2023, Protection of Children from Sexual Offences (POCSO) [Defines specific crimes against children and provides for stringent punishments] Act, 2012, Prevention of Corruption Act [Defines what constitutes corruption by public servants and the legal consequences], 1988, the Indian Contract Act [Defines the essentials of a valid agreement and the rights of parties when a contract is breached], The Transfer of Property Act [Establishes the rules for selling, leasing, or gifting immovable property (like land or houses)], etc., are instances of substantive law.

Adjective laws define the pleading and procedure by which substantive laws are applied in practice. Civil Procedure Code, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 are the Adjective or Procedural Laws.

E.g. 1) Accused 'A' is prosecuted for murder. Under Section 101 of the Bharatiya Nyaya Sanhita (BNS), 2023, the prescribed punishment is either death or imprisonment for life. This is the Substantive Law determining the liability of A and the State's right to prosecute. However, A cannot be sentenced unless the crime is proven. The commission of murder must be established before the Court using Adjective Laws. Facts such as witness statements (e.g., 'C' saw 'A' beating 'B') must be legally proved using procedural rules. Based on these established facts, the Court will either convict or acquit A.

(2) Similarly, 'X' enters into a contract to sell a house to 'Y' for ₹2,00,000. If either party breaches the agreement, the aggrieved party approaches the Court. The foundational rights, liabilities, and remedies are governed by the Indian Contract Act, 1872 (Substantive Law). However, the Court cannot enforce these remedies unless the execution and breach of the contract are proven via the mechanics prescribed by Procedural Law.

(3) If 'A' prosecutes 'B' for defamation, the definition, elements, and punishment are provided under the BNS, 2023 (Substantive Law). The mechanics of who must provide evidence, what constitutes admissible proof, and how it must be presented are governed strictly by the Bharatiya Sakshya Adhiniyam, 2023 (Adjective Law).

Rules regarding evidence in the administration of justice are very important. Substantive Law can only be enforced with the help of the rules of the BSA. The Law of BSA can be called the foundation on which the entire structure of adjudication (judiciary) is based.

II. Historical background of The Bharatiya Sakshya Adhiniyam (BSA), 2023.-

The history of the Bharatiya Sakshya Adhiniyam (BSA), 2023, comes from an urgent need to decolonize and modernize India’s evidentiary framework by replacing the Indian Evidence Act of 1872. For over 150 years, the 1872 Act, drafted during British colonial rule, has governed evidentiary procedures in Indian courts; however, it has become increasingly inadequate in addressing the complexities of the digital age, modern electronic communication, and advancements in forensic science. The BSA was enacted as part of a group of three new laws (i.e. BNS, BNSS) to replace the outdated rules (i.e. IPC, Cr. P.C, and Evidence Act) and build a justice system that uses modern technology and focuses on Indian values. The enactment of three important legislations aimed at shedding colonial traces out and establishing a citizen-centric, technology-adept justice system rooted in the Indian ethos.

The process to pass BSA began in August 2023. The Bill was passed by both houses of Parliament in December 2023. The President signed it shortly after, and the new law officially came into effect on July 1, 2024, along with BNS, 2023 and BNSS, 2023.

III. Nature of the Bharatiya Sakshya Adhiniyam, 2023 (BSA): -

The Bharatiya Sakshya Adhiniyam, 2023, is fundamentally a procedural (or adjective) law that sets the standards for how facts must be proved in Indian courts, replacing the colonial Indian Evidence Act of 1872. Its primary nature is that of a consolidating statute, designed to unify all rules of evidence into a single, cohesive framework that applies to both civil and criminal proceedings.

A defining characteristic of the BSA is its "digital-first" and technologically agnostic nature, which explicitly integrates electronic records into the core fabric of legal evidence. By expanding the definitions of "document" and "evidence" to include digital footprints like server logs, emails, and location data, the Act elevates electronic records to the same status as traditional paper documents. This modern nature is further reflected in its flexible approach to secondary evidence, where the rules have been broadened to ensure that valuable proof should not be rejected simply because an original physical copy is unavailable. Thus, adapting the legal system to the realities of the 21st century is the main objective of the enactment of BSA.

The objectives of the BSA are as follows-

In Adjective Laws, the BSA occupies a significant place. In all adjudications (Civil or Criminal), the Court -

i) ascertains the existence or non-existence of certain facts, and

ii) apply substantive law to those ascertained facts, and

iii) declare the rights and liabilities of the parties.

The means by which the Courts get informed of the existence or non-existence of a fact is termed ‘evidence’. A very important stage in adjudication for the Court is to ascertain the correct facts, which can be done through evidence.

Thus, in a petition filed by a wife for divorce on the ground of cruelty, the Court would like to ascertain the following facts correctly, viz.

a. Whether the petitioner is the wife of the respondent's husband?

b. Whether the respondent is exercising cruelty against the petitioner?

c. Whether cruelty is of such a nature to justify divorce?

The court will ascertain these facts from the deposition of the petitioner wife, Police complaint (if she has lodged), letters eliciting cruelty (if she has written to her parents), depositions of her parents, neighbors, etc.

If the Court, after pursuing evidence on record (i.e. by applying the principles of BSA, 2023), comes to the conclusion that cruelty was exercised against the petitioner, it would apply the substantive law of divorce to the facts and declare the right of divorce to the petitioner wife, imposing relative responsibility on the respondent.

Similarly, if A is accused of causing the murder of B, the facts for ascertainment before the Court would be -

a) Whether there was a quarrel between A and B over the ground of land?

b) Whether, before the day of the murder, there was a serious quarrel between them?

c) Did A purchase a knife from C's shop?

d) Did D see A moving towards B's farm where B was working?

e) Did E see A stabbing B?

The court will ascertain the existence of these facts from the depositions of C, D, E, etc., (i.e. by applying the principles of BSA, 2023) and if it comes to the conclusion that A has caused the death of B by stabbing with a knife, the court will apply substantive law, i.e. Bharatiya Nyaya Sanhita (BNS) (S.101), and punish him with imprisonment for life or death (determine the liability of A by punishment).

IV. Structure of the Bharatiya Sakshya Adhiniyam, 2023: -

The BSA is structurally more expansive than its predecessor (the Indian Evidence Act, 1872) to accommodate new definitions and digital realities.

1. Statistical Overview (BSA vs. IEA)-

Feature	Indian Evidence Act (IEA), 1872	Bharatiya Sakshya Adhiniyam (BSA), 2023
Total Sections	167	170
Parts	3	4
Chapters	11	12

2. Structure of BSA-

The Act is divided into 4 parts, 12 Chapters and 1 Schedule.

a. Parts and Chapters-

Part I – Preliminary-

It consists of Chapter I (Ss. 1–2).

Section 1: Short title, application, and commencement. -

The Act may be called the Bharatiya Sakshya Adhiniyam, 2023.

Section 2: Definitions.

The definition of "Document" and "Evidence" is significantly expanded here to include electronic and digital records, including server logs, location data, and voice mails.

Part- II: Relevancy of Facts (Ss 3 to 50)-

It consists of Chapter II. The Chapter consists of sections 3 to 50, which consist of the following-

1. General Relevancy (Sections 3–14): Facts in issue, connected facts, motive, preparation, conduct, conspiracy.

2. Admissions (Sections 15–21): Definition and relevancy of admissions in civil and criminal cases.

3. Confessions (Sections 22–24): Rules regarding confessions made to police, in police custody, and their admissibility.

4. Statements by Persons who cannot be called as Witnesses (Sections 25–26): Includes Dying Declarations.

5. Statements under Special Circumstances (Sections 27–32): Entries in books of account, public records, etc.

6. How much of a Statement is to be Proved (Section 33).

7. Judgments of Courts (Sections 34–38): When previous judgments are relevant (Res Judicata principles).

8. Opinions of Third Persons (Sections 39–45): Expert opinions (including digital evidence examiners), handwriting, etc.

9. Character (Sections 46–50): Relevancy of character in civil and criminal cases.

FACTS WHICH MAY BE PROVED

Facts in Issue

Relevant Facts

Facts relevant to the issue may be -

a) Connected with the issue (Ss.3 to 14)

b) Admissions (Ss.15 to 21)

c) Statement made by the witness who cannot be called as a witness. (Ss. 25 and 26)

d) Statements made under certain circumstances (Ss. 27 and 32)

e) Judgments in other cases (Ss. 34 and 38)

f) Opinion of third persons (S.39 to 45)

g) Character (Ss.46 to 50)

Part- III: On Proof-

Part III consists of Chapters III to VI as follows-

1. Chapter III: Facts which need not be Proved (Sections 51–53)

Judicially noticeable facts (e.g., laws of the land, public festivals, etc.)

2. Chapter IV: Of Oral Evidence (Sections 54–55)

Rules regarding witness testimony or oral evidence of a witness.

3. Chapter V: Of Documentary Evidence (Sections 56–93)

a. General Principles (Sections 56–60): Proof of contents of documents; distinction between Primary and Secondary evidence.

b. Electronic and Digital Records (Sections 61–63):

i. Section 61: Admissibility of electronic or digital records (gives them the same legal status as any other documents). The section established the status of electronic records as documents.

ii. Section 63: Special provisions for electronic records (Replaces old Section 65B). Requires a certificate for admissibility. The section governs the admissibility of an electronic record.

c. Public and Private Documents (Sections 74–77).

d. Presumptions as to Documents (Sections 78–93): Presumptions regarding gazettes, electronic messages, electronic signatures, etc.

4. Chapter VI: Exclusion of Oral by Documentary Evidence (Sections 94–103)

Rules preventing oral variation of written contracts (Parol Evidence Rule).

TYPES OF EVIDENCE TO BE GIVEN

Facts which need not be proved

Other facts, if in issue or relevant, may be proved by

Facts Judicially noticeable

Facts

Admitted

Oral Evidence

Documentary Evidence

Part- IV: Production and Effect of Evidence-

Part IV deals with the production and effect of evidence. It consists of Chapters VII to XII as follows-

1. Chapter VII: Of the Burden of Proof (Sections 104–120)

General burden of proof, burden in specific cases (dowry death, rape, abetment of suicide etc.).

Presumptions regarding dowry death and the legitimacy of children are mentioned here.

2. Chapter VIII: Estoppel (Sections 121–123)

Principles of estoppel preventing a party from denying a fact they previously asserted.

3. Chapter IX: Of Witnesses (Sections 124–139)

The chapter deals with who is competent to testify/ Competency of witnesses (judges, witnesses unable to communicate verbally, spouses). Privileged communications (spousal privilege, attorney-client privilege).

4. Chapter X: Of Examination of Witnesses (Sections 140–168)

The chapter deals with the rules for examination-in-chief, cross-examination, and re-examination. It also relates to leading questions, hostile witnesses, and refreshing memory. It further consists to production of documents during examination.

5. Chapter XI: Of Improper Admission and Rejection of Evidence (Section 169)-

States that a new trial is not granted merely for improper admission/rejection if there was sufficient evidence otherwise.

6. Chapter XII: Repeal and Savings (Section 170)-

Repeals the Indian Evidence Act, 1872, while saving ongoing proceedings under specific conditions.

PRODUCTION AND EFFECT OF EVIDENCE

Who shall adduce

evidence

(Burden of

Proof)

Who shall not be

allowed to adduce

evidence (Estoppel)

How evidence is to

be adduced

Consequence of

mistake

b. The Schedule-

The BSA includes one Schedule specifically linked to Section 63(4).

The schedule provides the standard Certificate Format (Part A and Part B) required to authenticate electronic records (S. "65B Certificate” under the Evidence Act,1872).

Part A: To be filled by the party producing the record (identifying device, owner, etc.).

Part B: To be filled by an expert (if required) regarding the hash value and integrity of the record.

V. Law of the Evidence is ‘lex fori’: -

The Law of Evidence is lex fori, i.e. the law of the forum or Court in which a case is being tried.

Whether the witness is competent or not, whether certain evidence proves specific facts or not, is to be determined by the Law of the country where the remedy is sought to be enforced and where the Court sits to enforce it. Thus, where the question before the Indian Court was about the proper method of proving an event occurred in England, the Law of Evidence was applicable in India and not in England. (In Niharendu Dattu. Majumdar Vs. Emperor [A.I.R. 1942 F.C. 2]).

VI. Applicability of The Bharatiya Sakshya Adhiniyam, 2023 (S.1): -

The Bharatiya Sakshya Adhiniyam, 2023, applies to all judicial proceedings in or before any Court, including courts-martial. However, it does not apply to: -

i) Affidavits presented to any Court or officer, or

ii) Proceedings before an arbitrator.

VII. Conclusion-

The Bharatiya Sakshya Adhiniyam, 2023, is a new law that brings India’s court system into the modern world by replacing the old British-era rules from 1872. Its biggest change is making digital records—like WhatsApp messages, emails, and server logs—just as important as any other document in a trial. By simplifying how evidence is collected and allowing more use of technology, the law aims to make court cases faster and more transparent. Ultimately, it is a major step toward a more efficient justice system that better reflects how people live and communicate today.

*****

II. Historical background of The Bharatiya Sakshya Adhiniyam (BSA), 2023.-

Part- II: Relevancy of Facts (Ss 3 to 50)-

Part- III: On Proof -

Part- IV: Production and Effect of Evidence -

b. The Schedule -

V. Law of the Evidence is ‘lex fori ’: -

VI. Applicability of The Bharatiya Sakshya Adhiniyam, 2023 (S.1): -

I. Adjective (Procedural) Law: -

II. Historical background of The Bharatiya Sakshya Adhiniyam (BSA), 2023.-

III. Nature of the Bharatiya Sakshya Adhiniyam, 2023 (BSA): -

Part- II: Relevancy of Facts (Ss 3 to 50)-

FACTS WHICH MAY BE PROVED

Part- III: On Proof-

TYPES OF EVIDENCE TO BE GIVEN

Part- IV: Production and Effect of Evidence-

PRODUCTION AND EFFECT OF EVIDENCE

b. The Schedule-

V. Law of the Evidence is ‘lex fori’: -

VI. Applicability of The Bharatiya Sakshya Adhiniyam, 2023 (S.1): -