📘 Bharatiya Sakshya Adhiniyam, 2023 (BSA)

🔹 Where BSA Applies

• All Judicial Proceedings in or before any Court

• Civil and Criminal trials (in courts of law)

• Proceedings before tribunals if declared as courts by statute

• Oral evidence → statements made in court by witnesses

• Documentary evidence → documents produced for court’s inspection

🔹 Where BSA Does NOT Apply

• Affidavits presented to any Court or officer

  • Even if notarized, it’s not “evidence” unless statute allows

  • ✔️ Acceptable only if CPC, CrPC, or a Special Act permits

• Arbitration proceedings

• Conciliation / mediation / Lok Adalat proceedings (not judicial)

• Statements made outside court (unless admitted through exceptions like dying declaration, admissions, etc.)

🔹 Statutory Exceptions (When Affidavit = Evidence)

• Civil Procedure Code (Order XIX) → Court may accept affidavit instead of oral evidence

• Election Petitions → Affidavits required

• Company Law Tribunals (NCLT/NCLAT) → Affidavits accepted

• Family Courts → Certain proceedings through affidavit

⚖️ Case law: Sudha Devi v. M.P. Narayanan (1988) affidavit is not “evidence” under Evidence Act (now BSA) unless statute specifically provides.

✅ Summary:
BSA governs evidence in judicial proceedings, but it excludes affidavits and arbitration unless a statute or CPC/CrPC specifically brings them in.