International Journal For Multidisciplinary Research

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Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts, Prisons, and Police

Author(s) Md. Imran Wahab, IPS
Country India
Abstract The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replacing the Indian Evidence Act, 1872 (IEA) introduces several new provisions that create challenges for courts, prisons, and police, impacting their operational efficiency. The increased focus on electronic evidence in judicial proceedings raises worries about the authenticity of digital records and the dependability of electronic testimony, which can easily be subject to manipulation and tampering. Moreover, the law's unclear provisions regarding the admissibility of electronic evidence add to the complexity of its application. Courts, Prisons and Police Units need infrastructural enhancements to support remote monitoring, which necessitates substantial financial investments in video conferencing technology and cyber security measures. For law enforcement agencies, the BSA calls for improved digital forensics capabilities and stricter protocols for evidence gathering in course of investigation, leading to additional administrative and logistical burdens. These deficiencies highlight the urgent need for secure authentication methods, ongoing updates to the legal framework, and increased technological investment to safeguard the integrity of digital evidence. Failing to address these issues could compromise the effectiveness and credibility of the justice system.
Keywords Bharatiya Sakshya Adhiniyam, Indian Evidence Act, Digital Evidence, Electronic Evidence, Videoconferencing, Evidence Tampering.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 5, September-October 2024
Published On 2024-10-15
Cite This Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts, Prisons, and Police - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.28780
DOI https://doi.org/10.36948/ijfmr.2024.v06i05.28780
Short DOI https://doi.org/g8k5wh
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