Bhartiya Sakshya Bill 2023 excludes arbitration proceedings

It replaces 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.
• Establishes rules for the admissibility of electronic records and electronic signatures.
• Sets out provisions for the burden of proof, including presumptions regarding dowry death, abetment of suicide by a married woman, and absence of consent in rape prosecutions.
• Regulates the examination of witnesses, including rules on cross-examination, leading questions, and the right to refresh memory.
• Specifies that the Act comes into force on a date appointed by the Central Government by notification.

Also in the document

• The Bill includes a clause for 'Repeal and savings' (Clause 170), indicating it intends to repeal previous laws, though the specific older law is not named in the provided text.
• The text explicitly states that the Act does not apply to proceedings before an arbitrator.