Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

India Ushers in a New Era of Legal Reforms with The Bharatiya Sakshya Adhiniyam, The Bharatiya Nyaya Sanhita, and The Bharatiya Nagrik Suraksha Sanhita in 2023

19 July 2024 9:08 AM


The introduction of "The Bharatiya Sakshya Adhiniyam, 2023", "The Bharatiya Nyaya Sanhita, 2023", and "The Bharatiya Nagrik Suraksha Sanhita, 2023" marks a significant milestone in the Indian legal framework, promising to reshape various aspects of evidence law, judicial processes, and citizen security.

The Bharatiya Sakshya Adhiniyam, 2023

Overview and Significance:

The Bharatiya Sakshya Adhiniyam, 2023, focuses on the modernization and streamlining of evidence laws in India. This legislation comes at a crucial time when digital evidence and new forms of data are increasingly becoming part of legal proceedings. It aims to enhance the reliability, authenticity, and admissibility of various types of evidence, keeping pace with technological advancements.

Key Provisions:

Digital Evidence: The act provides comprehensive guidelines for the collection, storage, and presentation of digital evidence, including data from social media, cloud storage, and electronic communications.

Witness Protection: Enhanced measures for the protection of witnesses, particularly in cases involving organized crime or sensitive matters, are a cornerstone of this legislation.

Evidence Admissibility: Clear criteria for the admissibility of different forms of evidence have been laid out, aiming to reduce ambiguity in judicial processes.

The Bharatiya Nyaya Sanhita, 2023

Overview and Significance:

The Bharatiya Nyaya Sanhita, 2023, is a landmark act reforming judicial procedures and court administration. This act envisions a more efficient, transparent, and accessible judicial system, addressing long-standing issues like case backlog and procedural complexities.

Key Provisions:

Case Management: Introduction of advanced case management systems to streamline court procedures and reduce delays.

Alternative Dispute Resolution (ADR): Promotion of ADR mechanisms like mediation and arbitration for quicker resolution of disputes.

Judicial Transparency: Mandates for greater transparency in the functioning of courts, including the publication of judgments and court proceedings.

The Bharatiya Nagrik Suraksha Sanhita, 2023

Overview and Significance:

This act is centered on citizen security, aiming to provide a robust legal framework to ensure the safety and security of Indian citizens. It addresses contemporary challenges such as cybercrime, terrorism, and internal security threats.

Key Provisions:

National Security: Strong measures against terrorism, espionage, and threats to national integrity.

Cyber Security: Comprehensive laws to combat cybercrimes, protect data privacy, and secure online transactions.

Community Policing: Encourages community policing initiatives to strengthen the bond between law enforcement agencies and the public.

These three acts represent a progressive step towards reforming the Indian legal system, making it more in tune with current challenges and technological advancements. They are expected to bring about significant improvements in legal processes, evidence handling, judicial efficiency, and citizen security. However, the successful implementation of these laws will depend on the collaboration between various stakeholders, including the judiciary, law enforcement agencies, legal professionals, and the public.