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Journal articles on the topic 'And the Bhartiya Sakshya Adhiniyam 2023'

Author: Grafiati
Published: 7 June 2025
Last updated: 2 August 2025

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1

Dixit, Praveen, Mamta Kumari, U. Aravindan, and Hitesh Chawla. "Exploring amended Indian laws in context of forensic medicine: A comprehensive review." IP International Journal of Forensic Medicine and Toxicological Sciences 9, no. 2 (2024): 66–72. http://dx.doi.org/10.18231/j.ijfmts.2024.013.

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In sum, the adoption of the Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhatiya Sakshya Adhiniyam signifies a transformative milestone in post-independence India's legal evolution. By embracing indigenous wisdom, democratic values, and global insights, these legislations aspire to catalyze a more equitable, efficient, and accountable legal system, poised to meet the complex challenges of the 21st century. As forensic medicine continues to play an increasingly pivotal role in the Indian justice system, practitioners must remain abreast of these legal developments and uphold th
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2

Sahu, Parth. "The Legal Dilemmas of Crimes Committed in Dreams: Can Individuals be Held Liable for Actions in Altered States of Consciousness?" International Journal for Research in Applied Science and Engineering Technology 13, no. 5 (2025): 2795–800. https://doi.org/10.22214/ijraset.2025.70832.

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Abstract: The intersection of criminal liability and altered states of consciousness presents unique jurisprudential challenges. Crimes allegedly committed during sleep or dream states raise profound questions about culpability, intent, and free will. This paper explores the legal dilemmas surrounding criminal acts committed in dreams, analyzing jurisprudence, neuroscience, and comparative legal frameworks. The study evaluates provisions in thenewly enacted Bhartiya Nyay Sanhita, 2023 (BNS), Bhartiya Sakshya Adhiniyam, 2023 (BSA),andBhartiyaNagrikSurakshaSanhita,2023(BNSS),examiningtheirimplic
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3

Dr. Neeraj Malik. "Mutual Admissibility of Evidence and Electronic Evidence in Criminal Proceedings as per Bhartiya Sakshya Adhiniyam, 2023." Universal Research Reports 11, no. 4 (2024): 64–72. http://dx.doi.org/10.36676/urr.v11.i4.1311.

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The Bharatiya Sakshya Adhiniyam, 2023 establishes comprehensive evidentiary standards for fair trials, including admissibility of electronic evidence. Clearer definitions of "Document," Primary Electronic Evidence, and relevant provisions of BSA, 2023 requirements associated with the Information Technology Act, 2000 were developed recently. The Supreme Court of India has addressed electronic data tampering and e-record admissibility, while the Central Government Home Affair’s Standing Committee has underlined the necessity of safeguarding digital data integrity and its value. Latest Judicial d
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4

PANDEY, SHIVAM. "A STUDY ON ADMISSIBILITY OF ELECTRONIC EVIDENCE WITH REFERENCE TO THE PROVISIONS OF THE BHARTIYA SAKSHYA ADHINIYAM, 2023." LEX SCRIPTA MAGAZINE OF LAW AND POLICY (ISSN: 2583-8725) 02, no. 02 (2024): 1–17. https://doi.org/10.5281/zenodo.11128137.

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The utilization of PCs and advanced media has increased, so has the unlawful activities related to digitalization. It has grown to such an extent that any criminal probe yields electronic evidence. However, because of the exponential growth in the number of criminal cases using electronic evidence, the courts and law enforcement apparatus sometimes lack the necessary resources to deal with the new issues raised by this evidence. Computer-generated evidence needs to be gathered, stored, exchanged, and presented in a way that complies with admissibility requirements
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5

Dr., Anjuli Sharma, and Ali Rizvi Nusrat. "From Colonial Legacy to Digital Age: Privileged Communication in the Bharatiya Sakshya Adhiniyam, 2023." International Journal of Contemporary Research in Multidisciplinary 4, no. 2 (2025): 28–34. https://doi.org/10.5281/zenodo.15024854.

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The privileged communication concept has been an anchor of evidentiary law for a long time, protecting confidential communications from compelled disclosure during legal proceedings. With the passing of the Bharatiya Sakshya Adhiniyam, 2023, India has taken a great leap forward towards updating its evidence law to fit into modern-day socio-legal realities. This article discusses the evolution of privileged communication from its colonial past to its modern-day structure under the Bharatiya Sakshya Adhiniyam, 2023. It discusses the statutory provisions regulating privileged communication, such
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6

Vratika Singh, Bindu Jindal, Vishant Saini, et al. "Impact of E-Records as Evidence in the Judicial System under the Bharatiya Sakshya Adhiniyam 2023." Metallurgical and Materials Engineering 31, no. 3 (2025): 340–45. https://doi.org/10.63278/1383.

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The Bharatiya Sakshya Adhiniyam 2023 (BSA) is a revolutionary change in India's legal landscape by making electronic records (e-records) admissible evidence, bringing them at par with conventional documentary evidence. By extending the definition of "documents" to cover digital records, the BSA deals with the challenges of the digital era, i.e., authenticity, chain of custody, and cybersecurity. Aiding provisions such as Section 61 prohibit denial of admissibility of electronic records on the basis of being electronic only, and Section 63 adds a uniform process of certification with expert aut
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7

Sharma, Lokinder, and Abhijith Anand. "Wrongful Convictions: Beyond Circumstantial Evidence and Psychological Bias towards Direct Evidence." Law, Economics and Society 1, no. 1 (2025): p129. https://doi.org/10.30560/les.v1n1p129.

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The Indian Evidence Act, 1872, now replaced by the Bharatiya Sakshya Adhiniyam, 2023, is the result of centuries of debate on how evidence should be evaluated in legal proceedings. While some scholars, like Gilbert, insisted on a strict hierarchy where direct evidence held more weight, others, like Bentham, argued that logic and context should guide its assessment. James Stephen, the Act’s drafter, took a middle path, focusing on relevancy without ranking different types of evidence. However, in practice, courts often favor direct evidence over circumstantial evidence, especially in criminal c
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8

Agarawal, Rekha, Prof (Dr ). Tufail Ahmad, and Dr Mahaveer Prasad Mali. "Forensic Science On Trial: A Critical Analysis Of Dna Profiling, Polygraph Test, Finger Print Test, And Brain Mapping In The Indian Criminal Justice System." International Journal of Environmental Sciences 11, no. 12s (2025): 972–77. https://doi.org/10.64252/f4k1g511.

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The increasing reliance on forensic science within the Indian criminal justice system marks a paradigmatic shift from testimonial to scientific evidence. While this development purports to bolster the accuracy and objectivity of criminal adjudication, it simultaneously raises profound concerns relating to the reliability, admissibility, and ethical contours of specific forensic techniques. This research critically examines four pivotal forensic tools, DNA profiling, polygraph testing, fingerprint analysis, and brain mapping, in the context of Indian law, jurisprudence, and evolving legislative
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9

Kavia, Aditi Singh, and Karan Singh Chouhan. "Crime, Morality and Decolonization: A Critical Comparative Analysis of Criminal Law Reforms in Indonesia and India." Jurnal Penelitian Hukum De Jure 25, no. 1 (2025): 49. https://doi.org/10.30641/dejure.2025.v25.49-66.

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The criminal laws have undergone a comprehensive reform with the enactment of the Kitab Undang-Undang Hukum Pidana (KUHP), 2023 in Indonesia and Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023 in India. Those circumstances have raised serious questions concerning human rights. The newly enacted Criminal laws were introduced as a comprehensive reform to supersede the outdated colonial-era legislation, with the intention of dismantling colonial legacy. This study endeavors to conduct a critical evaluation of the extent to whic
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10

Singh, Vaishnavi, and Praveen Kumar. "A brief study on changes introduced by Bharatiya Nyaya Sanhita." International Journal For Multidisciplinary Research 7, no. 2 (2025). https://doi.org/10.36948/ijfmr.2025.v07i02.41605.

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The criminal laws prevalent in India were a gift of the British and were made to exercise control over Indians. These laws were a decade old and despite of many amendments being made to the laws, they were yet not fit in the present circumstances so it became necessary to pass new criminal laws which would change the entire backdrop of the criminal laws in India . As a result three new criminal laws were passed and signed by President on 25Dec , 2023 and came into force on 1July , 2024 . The Bhartiya Nyaya Sanhita 2023 redefines the penal code, distinguishing between major and minor offenses a
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11

Mohd., Mahfooz Qureshi. "Mohd. Mahfooz Qureshi - Technology Law and the Credibility of Electronic Evidence: A Study Under the Bhartiya Sakshya Adhiniyam, 2023." April 27, 2025. https://doi.org/10.5281/zenodo.15291807.

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The rise of digital technology has fundamentally transformed legal proceedings, creating new challenges and opportunities in evidence law. The Bhartiya Sakshya Adhiniyam (BSA), 2023, is a landmark legislative development in India, focusing on the admissibility and credibility of electronic evidence in the judicial system. This paper examines the provisions of the BSA, exploring how it redefines the role of electronic records as primary evidence and the measures put in place to ensure their authenticity and reliability. The BSA elevates electronic and digital records to the status of primary ev
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12

-, Md Imran Wahab, IPS. "Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments." International Journal For Multidisciplinary Research 6, no. 6 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i06.30136.

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The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modernizes the approach to legal procedures, placing a particular emphasis on the handling and acceptance of electronic evidence in courts. Comprising 170 sections, the BSA replaces the antiquated colonial terminology found in previous legislation with more relevant and contemporary language that reflects current practices and technological realities. One of the most significant reforms introduced by the BSA i
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13

Varghese, Dr John. "Electronic form evidence under the Bharatiya Sakshya Adhiniyam, 2023." SSRN Electronic Journal, 2024. http://dx.doi.org/10.2139/ssrn.4869744.

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14

Varghese, Dr John. "Electronic and digital records under Bharatiya Sakshya Adhiniyam, 2023." SSRN Electronic Journal, 2024. http://dx.doi.org/10.2139/ssrn.4857130.

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15

-, Tanmay Pradeep. "Comparison Analysis Between the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023." International Journal on Science and Technology 16, no. 1 (2025). https://doi.org/10.71097/ijsat.v16.i1.2006.

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The Indian legal framework regarding evidence has undergone a significant transformation with the enactment of the Bharatiya Sakshya Adhiniyam, 2023, which replaces the colonial-era Indian Evidence Act, of 1872. This journal examines the similarities and differences between the two legislations, highlighting key reforms, judicial interpretations, and their impact on contemporary legal proceedings. Additionally, domestic and international case studies are analyzed to understand evidentiary laws' evolution comprehensively.
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16

Varghese, Dr John. "Evidentiary Value of Electronic form Evidence Under Bharatiya Sakshya Adhiniyam, 2023." SSRN Electronic Journal, 2025. https://doi.org/10.2139/ssrn.5055969.

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17

Chander, D. M. Bala. "Forensic Accounting & Investigation – On Payroll Costs." Management Accountant Journal, November 14, 2024, 58–60. https://doi.org/10.33516/maj.v59i10.58-60p.

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Forensic Accounting & Investigator’s (FAI) Report is invariably used to support legal cases. FAI can provide expert testimony in courts, trial support in the direct or cross examination, evidence under BSA 2023 (Bharatiya Sakshya Adhiniyam), dispute settlement scenarios in arbitration and insolvency litigations. FAI work involves (a) gathering of documents, records, information & facts and (b) in-depth examination of evidence and correlation of events. FAI is not just an audit and it is a more detailed verification to provide evidence on irregularities & its impact. FAI work in pay
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18

-, Md Imran Wahab, IPS. "Shortcomings of the Bharatiya Sakshya Adhiniyam, 2023: Challenges for Courts, Prisons, and Police." International Journal For Multidisciplinary Research 6, no. 5 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i05.28780.

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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 an
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19

Singh, Saumya, and Shirsh Pandey. "The Evolving Cybercrime Landscape in India: Legal Challenges, Digital Evidence, and New Criminal Laws." International Journal For Multidisciplinary Research 7, no. 2 (2025). https://doi.org/10.36948/ijfmr.2025.v07i02.41627.

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With the rapid expansion of digital technology, cybercrime has emerged as a significant legal challenge in India. The increasing instances of hacking, financial fraud, identity theft, cyber terrorism, and AI-driven offenses necessitate robust legal frameworks and efficient investigative mechanisms. The introduction of Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023, marks a paradigm shift in India's criminal justice system, replacing colonial-era laws and adapting to the digital landscape. This paper examines the
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20

-, Md Imran Wahab, IPS. "Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective." International Journal For Multidisciplinary Research 6, no. 5 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i05.28030.

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The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation, along with the Bharatiya Nagarik Suraksha Sanhita as well as Bharatiya Sakshya Adhiniyam, took impact on 1st July 2024. The changes signify a departure from colonial legal frameworks, aiming for a system aligned with contemporary rights and inclusivity. While the Chief Justice of India and various legal experts have praised the BNS as a transformative step, it still exhibits notable shortcomings. For in
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21

-, Md Imran Wahab, IPS. "Eyewitness Testimony – How Reliable is It?" International Journal For Multidisciplinary Research 6, no. 5 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i05.28676.

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This paper examines the intricacies associated with eyewitness testimony in legal settings, emphasizing its crucial role as evidence while also addressing its fundamental limitations. An eyewitness is described as an individual who witnesses an event firsthand, and their description can greatly influence the court's decisions. Nevertheless, factors such as stress, racial bias, focus on firearms, and memory lapses can compromise the accuracy of these accounts. The article analyses the legal framework established by the Bharatiya Sakshya Adhiniyam, 2023, which pertains to the competency of witne
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-, Md Imran Wahab, IPS. "Assessing the Reliability of Firearms Expert Reports: A Critical Analysis." International Journal For Multidisciplinary Research 6, no. 5 (2024). http://dx.doi.org/10.36948/ijfmr.2024.v06i05.29687.

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This critical analysis investigates the dependability of firearms expert reports, which are admissible in evidence under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, in criminal investigations and legal proceedings, emphasizing their function in connecting firearms to criminal activities through ballistic evidence. The research reviews advancements in firearms analysis, including trajectory reconstruction and gunshot residue testing, while also addressing concerns related to the subjective nature of these analyses and the absence of standardization across various laboratories. Throu
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