The Bharatiya Sakshya Adhiniyam, or the Indian Education Act, has sparked heated debate across the nation since its proposal. Advocates argue that it represents a crucial step towards ensuring equitable access to quality education for all citizens, particularly those in marginalized communities. Proponents highlight provisions aimed at addressing disparities in educational resources, such as funding allocations and infrastructure development in underserved areas. However, critics express concerns over potential bureaucratic hurdles and the centralization of authority, fearing that it could stifle innovation and local autonomy in the education sector. The effectiveness of the Act ultimately hinges on its implementation and the extent to which it succeeds in balancing the need for standardized guidelines with the flexibility required to accommodate diverse regional needs and aspirations.
Tag: GS – 2 Judiciary, Government Policies & Interventions, Constitutional Amendments
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The article delves into the proposed Bharatiya Sakshya Adhiniyam, highlighting alterations in criminal laws in India, particularly focusing on electronic evidence, set to replace the Indian Evidence Act of 1872.
Retained Provisions from IEA, 1872
- Admissible Evidence
- Classification: Evidence presented in legal proceedings must be admissible, classified as ‘facts in issue’ or ‘relevant facts.’
- Facts in Issue: Pertaining to the existence, nature, or extent of rights, liabilities, or disabilities in legal matters.
- Relevant Facts: Facts pertinent to a given case, presented as documentary or oral evidence.
- A Proven Fact
- Court’s Belief: A fact is deemed proven when the court believes its existence or considers it highly likely in the circumstances.
- Police Confessions:
- Inadmissibility: Confessions made to a police officer are inadmissible, with exceptions for facts discovered as a result of such confessions.
Key Changes in BSA, 2023
- Documentary Evidence
- Inclusion of Electronic Records: BSA recognizes electronic records as documents, expanding the definition beyond writings, maps, and caricatures.
- Primary and Secondary Evidence: Primary evidence includes originals, while secondary evidence encompasses various proofs, including oral and written admissions.
- Oral Evidence:
- Electronic Presentation: BSA allows oral evidence to be given electronically, facilitating testimony through electronic means.
- Admissibility of Electronic Records
- Inclusion: Electronic records are incorporated as admissible evidence, aligning with advancements in technology.
- Joint Trials
- Explanation Addition: BSA clarifies that trials involving accused absconding or not responding to arrest warrants are treated as joint trials.
Crucial Changes Introduced in BSA, 2023
- Illustration Addition: An illustration to the document definition specifies electronic records like emails, server logs, and locational evidence.
- Clarity on Primary (Electronic) Evidence
- Simultaneous Storage: BSA states that simultaneously stored video recordings in electronic form are considered primary evidence.
- Synchronisation with IT Act, 2000
- Inclusion of Terms: Section 63 aligns with the IT Act, 2000, by incorporating terms like ‘semiconductor memory’ for better clarity.
Issues Regarding Electronic Records
- Tampering of Electronic Records
- Supreme Court Recognition: The Supreme Court’s concern about tampering highlights the need for safeguards.
- Ambiguity in Admissibility of e-Records
- Discretionary Admissibility: BSA’s discretion for electronic evidence admissibility raises concerns, especially in cases of manipulation.
- Information Obtained in Police Custody
- Admissibility: Retention of the provision allowing admission of information obtained in police custody raises ethical concerns.
Steps for Effectiveness
- Standing Committee Recommendations
- Chain of Custody: Emphasizing secure handling and processing of electronic evidence through a proper chain of custody.
- Guidelines by Karnataka High Court
- Minimum Safeguards: Introducing guidelines for search and seizure, including the involvement of qualified forensic examiners.
- Incorporating EU Directive Proposal
- Uniform Standards: Considering EU’s Directive Proposal for uniform minimum standards in using electronic evidence.
- Law Commission Recommendations, 2003
- Fair Treatment: Proposing safeguards against coercion, violence, and torture for facts discovered in custody.
- Malimath Committee Recommendations, 2003
- System Revamp: Recommending changes like introducing social welfare offences and replacing the adversarial system.
Conclusion
The Bharatiya Sakshya Adhiniyam signifies a modernized approach to criminal laws, particularly in handling electronic evidence. While clarity is introduced, concerns about tampering and ethical considerations persist. Effective implementation involves aligning with global standards, ensuring expert certifications, and addressing ethical and legal challenges in the digital realm.
| UPSC Previous Year Questions Mains (2014)Q. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. Mains (2019)Q. Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. |
Source: TH
Frequently Asked Questions (FAQs)
Q1: What is the Bharatiya Sakshya Adhiniyam?
A1: The Bharatiya Sakshya Adhiniyam is a proposed legislation aimed at reforming the education system in India to ensure equitable access to quality education for all citizens.
Q2: What are the key objectives of the Bharatiya Sakshya Adhiniyam?
A2: The primary objectives include addressing disparities in educational resources, enhancing infrastructure in underserved areas, and promoting standardized guidelines for quality education nationwide.
Q3: How does the Bharatiya Sakshya Adhiniyam impact marginalized communities?
A3: The Act aims to uplift marginalized communities by allocating resources and funds specifically to improve education in their areas, thereby providing them with better access to educational opportunities.
Q4: What are some concerns raised about the Bharatiya Sakshya Adhiniyam?
A4: Critics have expressed concerns regarding potential bureaucratic hurdles, centralization of authority, and the possibility of stifling innovation and local autonomy in the education sector.
Q5: How will the effectiveness of the Bharatiya Sakshya Adhiniyam be measured?
A5: The effectiveness of the Act will be measured by its implementation and the extent to which it successfully balances standardized guidelines with the flexibility needed to accommodate diverse regional needs and aspirations.
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