Bharatiya Sakshya (Second) Bill 2023 defines 'document' to include emails and digital records

It replaces the existing evidence laws with a new framework applicable to judicial proceedings.

Who it concerns: The law applies to all judicial proceedings in or before any Court, including Courts-martial. It explicitly excludes affidavits presented to any Court or officer and proceedings before an arbitrator.

What the bill does

• Defines 'document' to include electronic and digital records such as emails, server logs, and messages stored on digital devices.
• Defines 'evidence' to include statements given electronically and documents including electronic or digital records.
• Establishes rules for the relevancy of facts, admissions, and confessions, including specific provisions for confessions caused by inducement, threat, or coercion.
• Sets out rules for oral and documentary evidence, including primary and secondary evidence and the admissibility of electronic records.
• Includes provisions for presumptions regarding electronic records, electronic signatures, and electronic agreements.
• Outlines the burden of proof, including specific presumptions for dowry death, abetment of suicide by a married woman, and absence of consent in rape prosecutions.
• Regulates the examination of witnesses, including cross-examination, leading questions, and the production of documents.
• Specifies that the Act comes into force on a date appointed by the Central Government via notification in the Official Gazette.

Also in the document

• The Bill is titled 'The Bharatiya Sakshya (Second) Bill, 2023' and is intended to be called the 'Bharatiya Sakshya (Second) Adhiniyam, 2023'.
• It includes a chapter on 'Repeal and Savings' (Clause 170), indicating it repeals previous laws, though the specific laws repealed are not listed in the provided text.
• The text explicitly states that the Act does not apply to proceedings before an arbitrator.