The flaws are mostly with respect to applicability of certain explanations to the sections; and wrong provisions being referred to in the sections making it incoherent.
Author
Vaibhav Chadha, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Union Home Minister on August 11, 2023 introduced three bills namely Bharatiya Sakshya Bill, Bharatiya Nyaya Sanhita Bill and Bharatiya Nagarik Suraksha Sanhita Bill, with the aim to overhaul the criminal laws of the country and abolish Indian Evidence Act, 1872, Indian Penal Code 1860 and Code of Criminal Procedure 1973. The bills are referred to parliamentary standing committee to hold deliberations on the bills and it is expected that the committee will table its report by the winter session of the Parliament.
Bharatiya Sakshya Bill 2023 has 170 sections, while the Indian Evidence Act 1872 had 167 sections. The bill majorly contains provisions just like its predecessor, the Indian Evidence Act 1872. It can be seen that some provisions of the new bill presented before Lok Sabha suffers from flawed drafting. The flaws are mostly with respect to applicability of certain explanations to the sections; and wrong provisions being referred to in the sections making it incoherent.
Published in: Live Law
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