This Article is written by Srimallya Samaddar, A student of Brainware university, Barasat, West Bengal and the article explains about the Role of evidence in criminal cases under Bhartiya Nyay Sanhita (BNS).
Introduction
The Bharatiya Nyaya Sanhita ( BNS ) is a new criminal code that replaces the Indian penal code ( IPC ) in India. While the BNS primarily deals with substantive criminal law, the collection, presentation, and evaluation of evidence in criminal cases are crucial for ensuring justice. The law of evidence is primarily governed by the Bharatiya Nyaya Sanhita ( BNS ), which replaces the Indian evidence act, 1872. The BNS outlines Offenses and procedures where evidence plays a crucial role in criminal cases.
What is the meaning of Evidence under BNS ?
Under the Bharatiya Nyaya Sanhita, “Evidence” refers to any statement made by a witness before a court, including oral statements and documents ( like electronic records ) which are presented to prove or disprove a fact in issue during a legal proceedings, essentially, it encompasses all forms of proof that can be used to establish the truth of a claim in court, including both oral testimony and documentary evidence.
Types of Evidences under BNS –
Admissible Evidence –
Admissible evidence is a type of evidence that judges allow lawyers to present in court. Judges determine admissibility based on relevance, authenticity and value. Admissible evidence is factual, pertains to a specific case and possesses a value that exceeds other considerations, such as bias or shock value. Legal teams discover before a trial begins whether the judge approved any evidence they submitted.
Inadmissible Evidence –
Inadmissible evidence is evidence that lawyers can’t present to a jury. Forms of evidence judges consider inadmissible include hearsay, prejudicial, improperly obtained or irrelevant items. For example, investigators use polygraph tests to determine whether a person is lying about the events of a case. The results often qualify as inadmissible because they work by measuring a person’s level of anxiety. If a person experiences anxiety for other reasons or is able to remain calm under pressure, the test can produce inaccurate results.
Real Evidence –
Real evidence, also known as physical evidence, is a material object with a connection to the defendant’s potential role in a crime. There are two types of physical evidence. Individual physical evidence involves pieces that are unique to a person, such as DNA or fingerprints. Class physical evidence relates to a certain segment of the population, which may help professionals narrow down a list of suspects. Examples of class physical evidence include blood type, tire tread and weapon manufacturers.
Direct Evidence –
Includes eye witnesses testimony, confessions, and statements that directly prove a fact in question.
Circumstantial Evidence –
This type of evidence does not directly prove a fact but allows the court to infer conclusions based on surrounding facts.
Documentary Evidence –
Includes written records, electronic records, documents, contracts, or any document proving a crime, with digital advancements, electronic evidence such as CCTV footage, e-mails, and social media messages have gained importance.
Trace Evidence –
Trace evidence includes tiny pieces of physical matter that transfer onto a surface when someone commits a crime. Trace evidence can help investigators examine a crime scene thoroughly and develop connections to suspects. It’s typically admissible in court, so legal teams often present it to juries to help them understand certain events that occurred in the case.
Expert witness Evidence –
Expert witness evidence is similar to eyewitness testimony because it involves an individual’s verbal statements provided under oath. Instead of asking questions to someone who witnessed a crime, lawyers recruit experts in their field to answer questions related to a particular case. For example, a doctor may serve as an expert witness in a murder case because they can confirm facts or disprove theories about how a victim’s injuries occurred.
Exculpatory Evidence –
Exculpatory evidence is any evidence that might exonerate the defendant. Defense teams often present exculpatory evidence to juries to introduce reasonable doubt or to justify or excuse a defendant’s actions. The Brady Rule, first introduced in 1963, establishes that prosecutors have a responsibility by law to disclose any exculpatory evidence they find to the jury.
Digital Evidence –
Digital evidence is evidence stored in binary form on computers, mobile phones and other types of electronic devices. This type of evidence has become increasingly more common as technology advances, and attorneys often use it in court. Common forms of digital evidence include text messages, emails and GPS data.
Prima facie Evidence –
Prima facie evidence, sometimes called presumptive evidence, uses other types of evidence gathered from a crime scene to make a plausible assumption. A rebuttal from an opposing legal team can later determine prima facie evidence to be inaccurate. For example, if a prosecutor concludes a person is deceased because of the defendant’s alleged crimes, the defense team may counter this prima facie evidence by introducing doubt about the connection between the victim and the crime.
Demonstrative Evidence –
Demonstrative evidence is information that legal teams present to a jury through visual aids, such as charts or diagrams. It typically includes the presentation of physical evidence, such as clothing from a crime scene that may connect the defendant to a crime. This type of evidence can help a jury better understand a lawyer’s argument about the alleged behaviors of the defendant.
Testimonial Evidence –
Testimonial evidence is information provided by a witness who responds to questions from one or both legal teams under oath. Attorneys from the prosecution and the defense present witnesses, and they often answer questions from attorneys on both sides. Direct examination occurs when witnesses respond to questions from the attorney who presented them. Cross-examination occurs when they respond to questions from the opposing legal team.
Character Evidence –
Character evidence is information that attempts to portray the defendant in a positive or negative way. A common type of character evidence is testimony from a witness who knows the defendant and can attest to their typical behavior. Lawyers usually use character evidence to prove a defendant’s motive in a case.
Forensic Evidence –
Scientific Evidence such as DNA reports, finger prints, ballistic reports, and post- mortem reports play a critical role in criminal trials.
Electronic Evidence –
The Bharatiya Sakshya Adhiniyam expands the admissibility of electronic records, including call records, chats, e-mails, and digital transactions. Courts rely on cyber forensic analysis to verify the authenticity of such evidence.
Insufficient Evidence –
Insufficient evidence is a lack of evidence, which can cause the dismissal of a case. When law enforcement professionals arrest a suspect and charge them with a crime, the prosecution team carries the burden of proof. This means they have a duty to explain to the judge why they believe they have a case against the defendant. If the judge doesn’t find the information sufficient to warrant an arrest, they may release the defendant and drop the case.
Collection and Admissibility of Evidence –
The process of collecting and presenting evidence is crucial in criminal cases under the Bharatiya Nyaya Sanhita. Law enforcement agencies must ensure proper procedures to prevent the tempering and fabrication of evidence.
- Role of law enforcement in Evidence collection –
Police officers must follow due process while seizing documents, electronic devices, or weapons used in crimes. The BNS provides punishments for tampering with evidence, ensuring accountability in the investigation process.
- Chain of Custody –
It is crucial to maintain a proper chain of custody for forensic and electronic evidence to ensure credibility. Any break in the chain can lead to the rejection of evidence in court.
- Admissibility Under Bharatiya Sakshya Adhiniyam –
Evidence must be legally obtained and relevant to the case to be admissible in court. Confessions made under pressure or coercion are not admissible. Hearsay evidence (statements made by someone not present in court) is generally not accepted unless it falls under exceptions.
Evidentiary challenges in criminal trials –
- Witness hostility – Witnesses often turn hostile due to fear, threats, or inducements, weakening the prosecutions case
- The BNS strengthens witness protection measures
- Digital Evidence tampering – With growing cybercrimes, proving digital evidence authenticity remains a challenge.
- Courts rely on cyber forensic experts to verify digital records
- Delay in investigation and trial – Delays in evidence collection or improper investigation methods can lead to destruction or loss of crucial evidence
- Fast – track courts and advanced forensic techniques help in reducing delays.
Provisions and penalties of evidence under BNS –
Section 229 – The Bharatiya Nyaya Sanhita, 2023 addresses the offences of providing false evidence or fabricating evidence during legal proceedings. This section delineates the punishment. If an individual intentionally gives or fabricates false evidence at any stage of a judicial proceedings, they may face imprisonment for upto seven years and a fine upto rupees 10,000. Or other cases outside judicial proceedings, intentionally giving or fabricating false evidence can lead to imprisonment for upto three years and a fine of upto rupees 5,000.
Section 231 – The Bharatiya Nyaya Sanhita, 2023 addresses the act of giving or fabricating false evidence with the intent to cause the conviction of an individual for an offence punishable by imprisonment for life or imprisonment for a term of seven years or more, under this provision, anyone who provides or creates false evidence with such a conviction, shall face the same punishment as that prescribed for the offence they sought to falsely implicate someone.
Types of punishments –
Imprisonment
According to the Bharatiya Nyaya Sanhita, 2023 , imprisonment refers to the confinement of a person as a punishment for an offense.
Fine
A fine is a monetary penalty imposed as punishment for a legal or regulatory violation. It serves as a deterrent to prevent undesirable behavior, such as breaking the law or failing to follow specific rules. The amount of a fine varies depending on the severity of the offences and the applicable laws or regulations. Fines are commonly used in many cases, and they are typically intended to encourage compliance without restoring to imprisonment.
What is the difference between Direct evidence and Circumstantial evidence?
In matters of law, direct evidence is typically considered the strong and persuading form of proof because it affords no space for vague reasoning or misinterpretation. In most cases, it entails people who either saw or were involved in the occurrence giving important information. It is commonly termed as eyewitness testimony. Furthermore, direct evidence can be examples of written and audio-visual sorts of documentation such as contracts, photographs, and video recordings that back up the allegation without having any interpretation.
On the other hand,Circumstantial evidence is a vital aspect of legal proceedings, offering indirect support for factual assertions. Unlike direct evidence, it does not directly prove a fact but allows for logical deductions from a series of events. While it may not possess the same level of reliability as direct evidence, when presented meticulously, it can be equally convincing and supportive, particularly when combined with other evidence.
What is the difference between Digital evidence and Electronic evidence?
Digital evidence and electronic evidence are closely related but distinct concepts in law. Digital evidence refers to any information or data stored or transmitted in digital form that can be used in legal proceedings. This includes emails, digital documents, social media posts, and metadata, which are often retrieved from computers, servers, or cloud storage.
Electronic evidence, on the other hand, is a broader term that encompasses all forms of evidence generated, stored, or transmitted using electronic devices. This includes not only digital evidence but also non-digital electronic records, such as CCTV footage, phone call recordings, and even data from smart devices. Essentially, while all digital evidence is electronic evidence, not all electronic evidence is necessarily digital, as it may exist in formats that are not purely digital in nature.
Conclusion
Evidence is the backbone of criminal trials under the Bharatiya Nyaya Sanhita. Proper collection, preservation, and presentation of evidence ensure fair trials and justice for victims and accused persons. The Bharatiya Sakshya Adhiniyam modernizes evidence laws, especially in the digital age, making it more relevant to contemporary crimes. However, challenges like witness protection, forensic accuracy, and digital evidence authentication must be continuously addressed to strengthen India’s criminal justice system.
References
- The Bharatiya Nyaya Sanhita, 2023 ( Bare act )
- https://www.ezylegal.in
- https://devgan.in
- https://lawrato.com
- https://kanoongpt.in
- https://www.legalbites.in
- https://www.myjudix.com
- https://indianexpress.com
- https://en.wikipedia.org
- https://blog.ipleaders.in
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