Bhartiya Sakshya Bill 2023 excludes arbitration proceedings

This Bill aims to consolidate and provide general rules and principles of evidence to ensure fair trials. It replaces existing evidence laws with a new framework applicable to judicial proceedings.

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.

• 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.

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