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Under which of the new criminal laws are electronic and digital records admissible as primary evidence?

  1. A.Bharatiya Nyaya Sanhita, 2023
  2. B.Bharatiya Nagarik Suraksha Sanhita, 2023
  3. C.Bharatiya Sakshya Adhiniyam, 2023
  4. D.Information Technology Act, 2000

Correct answer

C. Bharatiya Sakshya Adhiniyam, 2023

Explanation

The correct answer is C, the Bharatiya Sakshya Adhiniyam, 2023. The Adhiniyam is the law of evidence and it places electronic and digital records on the same footing as paper documents, so that such a record is admissible as primary evidence and the definition of a document expressly covers e-mails, server logs, computer files, locational evidence and messages stored on digital devices. An electronic record produced in court must be accompanied by a certificate in the prescribed form. Option A is wrong because the Bharatiya Nyaya Sanhita defines offences and punishments and does not deal with the proof of facts. Option B is wrong because the Bharatiya Nagarik Suraksha Sanhita lays down procedure for investigation, arrest, bail and trial. Option D is wrong because the Information Technology Act, 2000 gives legal recognition to electronic records for commerce and governance, but the admissibility of evidence in a criminal court is governed by the Adhiniyam.

Read the full article: New Criminal Laws: BNS, BNSS and BSA Explained

Practice Questions

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Q1.Indian PolityAsked in: Uttar Pradesh · UPSSSC Junior Assistant 2016Medium

In which section of the Indian Penal Code is 'mental unsoundness' contained?

  1. A.Section 88
  2. B.Section 83
  3. C.Section 84
  4. D.Section 86
Show answer
Correct answer: C. Section 84

Section 84 of the Indian Penal Code was the general exception for the act of a person of unsound mind: nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of…

Q2.Indian PolityEasy

The Bharatiya Nyaya Sanhita, 2023 has replaced which of the following laws?

  1. A.The Code of Criminal Procedure, 1973
  2. B.The Indian Penal Code, 1860
  3. C.The Indian Evidence Act, 1872
  4. D.The Criminal Law Amendment Act, 2013
Show answer
Correct answer: B. The Indian Penal Code, 1860

The Bharatiya Nyaya Sanhita, 2023 is the substantive criminal law of India and it took the place of the Indian Penal Code drafted on the recommendation of the First Law Commission under Lord Macaulay.