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Source: The post is based on the article “Bharatiya Sakshya (BS) Bill bars courts from inquiring into privileged communication between Ministers and President of India” published in “The Hindu” on 29th November 2023
Why in the News?
The Union Home Minister has recently introduced Bharatiya Sakshya (BS) Bill in the Lok Sabha along with Bharatiya Nyaya Sanhita Bill, 2023 and the Bharatiya Nagarik Suraksha Sanhita Bill, 2023.
What is the Bharatiya Sakshya (BS) Bill?
Aim: To introduce precise and uniform rules for dealing with evidence during the trial of cases.
Replaces: Indian Evidence Act, 1872.
Key Provisions of the bill:
| Specifications | Details |
| Privileged Communication between Ministers and President | 1) The bill bars the courts from inquiring into any privileged communication between Ministers and the President of India. 2) This will give legal backing to Article 74(2) of the Constitution which states that the advice given by the Council of Ministers to the President of India could not be inquired into by the courts. 3) However, what constitutes privileged communication has not been defined leaving the provision open to interpretation. |
| Deletion of British legacy references | 1) The words like ‘Vakil’, ‘Pleader’ and ‘Barrister’ have been replaced with the word ‘Advocate’. 2) Section 166 of the Act relating to the power of the jury to put forward questions has been deleted as the jury system has already been abolished in India. |
| Definition of Documents | It has been expanded to include electronic or digital records on emails, server logs, documents on computers, laptops or smartphones, messages, websites and locational evidence and voice mail messages stored on digital devices. |
| Definition of evidence | It has been expanded to include any information given electronically that will enable the appearance of witnesses, accused, experts and victims through electronic means. |
What is Bharatiya Nyaya Sanhita Bill, 2023?
What is Bharatiya Nagarik Suraksha Sanhita Bill, 2023?
UPSC Syllabus: Polity
