The new Bharatiya Sakshya Adhiniyam (BSA) seeks to fill the void in the Indian Evidence Act related to electronic evidence and online appearance in courts.

The BSA describes as electronic evidence “…any information given electronically, which would permit appearance of witnesses, accused, experts and victims through electronic means”.

The BSA also provides for “admissibility of an electronic or digital record as evidence having the same legal effect, validity and enforceability as any other document”.

There was no such provision in the erstwhile Indian Evidence Act. The provisions on electronic evidence and online appearance have been introduced keeping in mind the massive advancement of digital equipment.

The clause on digital evidence will enable the accused, witnesses and experts to depose via electronic means instead of physical appearance, thus reducing the cost, time and energy of all stakeholders.

Under the new evidence law, emails, documents recovered from computers, smartphones, websites and voice mail messages will be treated as “primary evidence”.

It also mandates that these electronic documents will have the same legal effect and sanctity as non-electronic evidence, a provision which was lacking in the colonial-era Indian Evidence Act.

However, Section 167 of the Bharatiya Nagarik Suraksha Sanhita authorises a judicial magistrate to detain an accused in police custody for up to 90 days. Earlier, this period was 15 days.

The amended provision gives the police enough opportunity to use more “third-degree” methods to extract confessions, legal experts feared.

IPC Section 124A, which dealt with sedition, has been replaced with Section 152 of the Bharatiya Nyaya Sanhita, which also entails a life sentence. Section 152 says any person attempting to excite “secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine”.

The new laws that came into force on Monday have set the stage for a long legal challenge to the amended legislation in the Supreme Court and high courts.

Prominent lawyers and groups are planning to challenge the new laws as they claim that there was no proper debate or discussion in Parliament on the amendments when they were passed following the suspension of many Opposition MPs.