1. The New Foundation of Indian Evidence Law
Every legal case stands on a foundation built by definitions. Before deciding guilt or innocence, the court must first understand what counts as a fact, what qualifies as evidence, and what is considered proved.
This foundation lies in BSA Section 2, 2023 — the new law that replaced the 151-year-old Indian Evidence Act, 1872. While the core philosophy of the law remains, the BSA updates these definitions for the digital era, where facts often live not on paper but in emails, CCTV footage, WhatsApp chats, and server data.
If the Indian Evidence Act was written for a world of ink and parchment, the BSA is written for a world of pixels and passwords.
In this guide, we’ll break down the key definitions in BSA Section 2, explain them in simple language, and explore real-world examples and practical implications.
2. Decoding the Core Concepts: A Definition-by-Definition Breakdown
A. What is “Evidence”? — BSA Section 2
The Legal Definition:
Under the BSA, evidence means:
- All statements which the court allows or requires to be made by witnesses in relation to matters of fact under inquiry — this is oral evidence.
- All documents, including electronic or digital records, produced for the inspection of the court — this is documentary evidence.
The Two Pillars of Evidence:
- Oral Evidence: These are words spoken in court by witnesses who saw, heard, or experienced something relevant.
- Example: An eyewitness telling the judge, “I saw the accused enter the house at 10 PM.”
- Documentary Evidence: This includes all documents submitted for inspection — now expanded to include digital forms.
- Example: A CCTV video showing the accused entering the same house at 10 PM.
The Digital Leap:
This is where the BSA takes a huge step forward. It explicitly mentions “electronic or digital records” as part of evidence. Earlier, under the Indian Evidence Act, electronic records were added through later amendments. Now, they are part of the law’s main text — giving them equal standing with physical documents.
In 2025, that means emails, texts, screenshots, or even blockchain logs can all stand shoulder to shoulder with traditional evidence like signed contracts or letters.
B. What is a “Document”? — BSA Section 2
The Legal Definition:
A document under BSA means any matter expressed or described upon any substance by means of letters, figures, marks, or by any other means intended to be used for recording that matter.
In simpler terms, anything that records information in any form — physical or digital — is a document.
Beyond Paper: The Wide Scope of “Document”
- Traditional Forms:
- Written letters
- Printed papers
- Maps or diagrams
- Modern Forms:
- Word documents
- PDFs
- Spreadsheets
- Digital & Electronic Forms:
- Emails
- WhatsApp chats
- Voice recordings
- Server logs
- Website data
- CCTV footage
- Files on a hard drive, pen drive, or even a microchip
Scenario Spotlight:
Let’s say your client’s case depends on a series of WhatsApp messages showing a business agreement. Under the BSA Section 2, these chats are clearly considered documents.
This clarity is vital. In the old Evidence Act, lawyers had to rely on judicial interpretation to prove that such messages counted as “documents.” The BSA eliminates that doubt by spelling it out directly — making digital data a recognised form of documentary evidence from the start.
C. The Pillars of a Case: “Fact,” “Fact in Issue,” and “Relevant Fact”
These three terms are the building blocks of every trial.
Fact:
A fact is anything that exists or has occurred.
- Example: A person is dead.
Fact in Issue:
This is the main fact that the court must decide upon.
- Example: Did Person A cause the death of the deceased?
Relevant Fact:
A relevant fact is one that is not the main issue itself but helps the court decide whether the fact in issue is true or false.
- Example: Person A bought a knife similar to the murder weapon a day before the incident — this makes the main fact (whether A killed the person) more probable.
Analogy:
Think of it like a puzzle.
- The fact in issue is the missing centrepiece.
- The relevant facts are the surrounding pieces that help you understand what the centrepiece looks like.
This framework allows the court to logically connect pieces of information to form a complete picture.
D. The Verdict Spectrum: “Proved,” “Disproved,” and “Not Proved”
The BSA keeps the traditional “prudent man” standard — meaning the court decides a fact’s truth based on what a reasonable, sensible person would believe.
Breaking it Down:
- Proved:
A fact is said to be proved when the court believes it exists or thinks it’s so probable that a prudent person would act upon it.- Example: Several witnesses saw the accused at the crime scene — the court finds this fact proved.
- Disproved:
The court believes the fact does not exist or finds its non-existence highly probable.- Example: The accused was abroad during the incident — the court finds the allegation disproved.
- Not Proved:
When evidence is uncertain or insufficient to decide either way.- Example: No one saw the accused, and digital proof is unclear — the court says the fact is not proved.
In criminal cases, both disproved and not proved lead to acquittal, because the burden always lies on the prosecution to prove guilt beyond reasonable doubt.
3. BSA vs. Indian Evidence Act: A Head-to-Head Comparison
| Concept | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 | Key Implication |
|---|---|---|---|
| Evidence | Included “electronic records” later via amendment. | Integrates “electronic or digital form” into the main definition. | Digital evidence is recognised from the start. |
| Document | Broad definition but often needed court interpretation for digital formats. | Clearly includes all forms of electronic and digital records. | Admitting chats, emails, and server data is now straightforward. |
| Court | Did not include arbitrators. | Still excludes arbitrators. | No change; arbitration follows its own evidence rules. |
This shift shows how the BSA modernises old concepts without rewriting the entire system — it strengthens clarity and adaptability.
Also read: BSA Section 1
Top Questions Asked in BSA Section 2
Q: What is the single biggest change in BSA Section 2?
A: The biggest shift is how digital and electronic records are now an integral part of the law’s core definitions. This change removes uncertainty and reflects how real-world evidence now lives online.
Q: Is an audio recording from a phone considered a “document” under the BSA Section 2?
A: Yes. Any matter stored or recorded on a device — including audio files — is considered a document under Section 2(1)(d).
Q: How does the “Not Proved” definition affect a criminal case?
A: “Not proved” means the prosecution failed to show that a fact exists beyond reasonable doubt. In criminal law, this results in acquittal — ensuring that no one is convicted without strong, credible evidence.
Q: Does this mean social media posts can be used in court?
A: Yes. Social media messages, posts, and metadata can be used as evidence — provided they are properly authenticated.
Q: Has the definition of ‘Court’ changed under the BSA Section 2?
A: No. Just like under the old Act, arbitrators are not considered “courts.” Their proceedings follow their own evidentiary rules.
5. Conclusion: A Modern Lexicon for a Digital World
The Bharatiya Sakshya Adhiniyam, 2023 doesn’t throw away the philosophy of the Indian Evidence Act — it refines it for our times.
Section 2 acts as a dictionary of truth — telling courts, lawyers, and investigators what counts as a fact, what counts as proof, and how digital information fits into this new system.
In 2025, evidence doesn’t just sit in dusty files. It’s in emails, cloud drives, CCTVs, and social media feeds. The BSA accepts this new reality. By clearly defining digital evidence, it creates a more predictable, efficient, and technology-ready justice system.
As India moves toward a paperless future, Section 2 ensures that the truth — whether written on paper or stored on a server — remains equally powerful in the eyes of the law.
Source
Official Gazette: Published the notification appointing 1 July 2024 as the BSA enforcement date.