Author(s): Sherin NB and Akshara B

Abstract: In 2023, our nation witnessed a drastic transformation in criminal jurisprudence by introducing the Bharatiya Nyaya Sanhitha, the Bharatiya Nagarik Suraksha Sanhitha, and the Bharatiya Sakshya Adhiniyam in our legal framework so as to ensure justice, fair procedure, accountability, and transparency. This paper aims to explore the areas of the Bharatiya Sakshya Adhiniyam, 2023, which covers the provisions addressing the relevance of evidence in sexual offences. One of the key advancements under the BSA is the statutory prohibition on introducing evidence related to the character or sexual history of the victim, as outlined in Section 48. This reflects a significant jurisprudential evolution by preventing the re-victimisation of survivors during trial. Moreover, the BSA retains and reinforces the presumption of absence of consent under Section 120 when the victim testifies as such, effectively shifting the evidentiary burden to the accused in specific circumstances. The BSA also introduces safeguards for vulnerable witnesses, including in-camera proceedings and the use of videoconferencing, minimising trauma during depositions. The BSA also modernises the approach to corroborative evidence. Section 160 expands the scope beyond accomplice testimony to include vulnerable witnesses, such as minors and trauma survivors, providing illustrative guidance for judicial application. Through a doctrinal and comparative analysis, this paper argues that the BSA represents a progressive, rights-based approach to evidence in sexual offence cases. The Bharatiya Sakshya Adhiniyam, 2023, signifies a progressive shift towards a more victim-sensitive legal framework, emphasising fairness, dignity, and the effective administration of justice in cases of sexual offences.

DOI: 10.22271/27899497.2025.v5.i1c.137

Pages: 206-211 | Views: 6360 | Downloads: 5297

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