Section 83 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 83 – Bharatiya Sakshya Adhiniyam (BSA), 2023
1. Textual Meaning (Simplified)
Section 83 of the BSA, 2023 deals with “Punishment for Tampering with Evidence.”
In simple terms:
Any person who destroys, conceals, alters, or fabricates evidence with the intent to obstruct or pervert the course of justice shall be liable under this section.
Key points:
Applies to physical evidence, documents, digital data, or any material relevant to a legal proceeding.
Targets acts that interfere with judicial or investigative processes.
Ensures integrity of evidence in courts, investigations, and inquiries.
2. Objective of Section 83
To maintain the sanctity and reliability of evidence in legal proceedings.
To deter individuals from manipulating evidence to escape liability.
To ensure that investigation and judicial processes are fair and effective.
To protect public confidence in the justice system.
3. Key Elements of Section 83
For liability under Section 83, the following elements must exist:
(a) Evidence Must Exist
The evidence can be:
Physical objects (weapons, articles, or property)
Documents (contracts, letters, certificates)
Digital or electronic evidence (emails, databases, recordings)
(b) Act of Tampering
The person must destroy, conceal, alter, or fabricate evidence.
Includes:
Deleting digital records
Forging documents
Hiding or misplacing physical objects intentionally
(c) Intention to Obstruct Justice
The act must be done with intent to prevent detection of crime, influence investigation, or mislead judicial proceedings.
Accidental loss or damage does not attract liability.
(d) Knowledge
The person must know that the evidence is relevant to a judicial proceeding or investigation.
4. Punishment under Section 83
Imprisonment: Up to 5 years, depending on severity.
Fine: Monetary penalty may also be imposed.
Enhanced Punishment: If tampering causes serious miscarriage of justice or loss of public property, imprisonment can extend further.
5. Illustrations for Better Understanding
Illustration 1 – Destroying Physical Evidence
A person involved in a theft hides or burns stolen property to avoid conviction.
Punishable under Section 83 because it obstructs justice.
Illustration 2 – Forging Documents
An accused alters a contract to mislead investigators.
Punishable as fabrication of evidence under Section 83.
Illustration 3 – Deleting Digital Records
A company employee deletes emails that are crucial to a pending investigation.
Liable under Section 83 for tampering with electronic evidence.
Illustration 4 – Accidental Loss
A document is accidentally misplaced during office work.
Not punishable under Section 83, as there is no intent to obstruct justice.
6. Key Principles
Intent Is Crucial: Only acts done deliberately to interfere with justice are punishable.
Evidence Can Be Any Form: Physical, documentary, or digital evidence is protected.
Public and Private Accountability: Applies to citizens, officials, and organizations alike.
Preventive and Punitive: Deters tampering while also providing a remedy for obstructed investigations.
7. Relation to Other Sections
Section 83 complements Sections on obstruction of justice, perjury, and false testimony.
Works alongside Sections protecting judicial officers and investigators to ensure fair trial and investigation.
Protects both criminal and civil judicial proceedings.
8. Importance
Ensures the integrity of evidence, which is the foundation of justice.
Deters attempts to manipulate or conceal facts during investigation.
Strengthens public confidence in the legal system by preventing miscarriage of justice.
Critical in digital age, where electronic evidence can be easily altered.
Summary Table – Section 83 BSA
| Feature | Section 83 BSA |
|---|---|
| Target | Any person tampering with evidence (physical, documentary, or digital) |
| Acts Covered | Destroying, concealing, altering, fabricating evidence |
| Requirement | Intent to obstruct, mislead, or pervert justice; knowledge that evidence is relevant |
| Punishment | Up to 5 years imprisonment, fine; more if serious obstruction occurs |
| Key Principle | Protects integrity of evidence and judicial process |
| Exceptions | Accidental loss, destruction, or alteration without intent |
Section 83 BSA is a crucial safeguard for the justice system, punishing anyone who tries to interfere with evidence and ensuring that judicial and investigative processes remain credible and effective.
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