Types of Evidence under BSA, 2023

ADV. MOHD HAMZA January 4, 2026

Types of Evidence under BSA, 2023

The New Framework of Proof

Types of Evidence under BSA, 2023

The Bharatiya Sakshya Adhiniyam (BSA), 2023 replaces the Indian Evidence Act, 1872. It broadens the scope of evidence to include digital footprints.

1. Oral Evidence (Sec 55 BSA)

Statements made by witnesses before the Court.

🗣️ The Golden Rule: Oral evidence must always be Direct. If a witness saw a crime, only they can testify (No Hearsay).
🗣️ Scope: Includes statements made via electronic modes (Video Conferencing) under the new law.

2. Documentary Evidence (Sec 56 BSA)

All documents produced for the Court's inspection.

Definition (Sec 2(d))

Includes writings, maps, plans, and explicitly electronic records (emails, server logs, WhatsApp chats).

Admissibility

Contents of documents must be proved either by Primary or Secondary evidence.

3. Electronic Evidence (Sec 61 & 63 BSA)

This is the most significant upgrade from the old Act.

Parity (Sec 61): Electronic records are now deemed "Documents" and have the same legal status as paper records.
The Certificate (Sec 63): Mandatory for admissibility of electronic records (replacing Sec 65B). It must be signed by the person in charge of the device.

4. Primary vs. Secondary (Sec 57 & 58)

PRIMARY (Sec 57)
The document itself produced for inspection. This is the Best Evidence.

SECONDARY (Sec 58)
Certified copies, photocopies, or counterparts. Admissible only when the original cannot be produced (e.g., lost/destroyed).

Drafted by Senior Advocate

Criminal Law Specialist | BSA 2023
Visit: www.legalinsights.in

Types of Evidence under BSA, 2023

Table of Contents

1. Oral Evidence (Sec 55 BSA)

2. Documentary Evidence (Sec 56 BSA)

Definition (Sec 2(d))

Admissibility

3. Electronic Evidence (Sec 61 & 63 BSA)

4. Primary vs. Secondary (Sec 57 & 58)

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