Contents

The Bharatiya Sakshya Adhiniyam, 2023

Sections

Particulars

Part I

Chapter I

Preliminary

1.

Short title, application and commencement

2.

Definitions

Part II

Chapter II

Relevancy of Facts

3.

Evidence may be given of facts in issue and relevant facts

4.

Relevancy of facts forming part of same transaction

5.

Facts which are occasion, cause or effect of facts in issue or relevant facts

6.

Motive, Preparation and previous or subsequent conduct

7.

Facts necessary to explain or introduce fact in issue or relevant facts

8.

Things said or done by conspirator in reference to common design

9.

When facts not otherwise relevant become relevant

10.

Facts tending to enable Court to determine amount are relevant in suits for damages

11.

Facts relevant when right or custom is in question

12.

Facts showing existence of state of mind, or of body or bodily feeling

13.

Facts bearing on question whether act was accidental or intentional

14.

Existence of course of business when relevant

15.

Admission defined

16.

Admission by party to proceeding or his agent

17.

Admissions by persons whose position must be proved as against party to suit

18.

Admissions by persons expressly referred to by party to suit

19.

Proof of admissions against persons making them, and by or on their behalf

20.

When oral admissions as to contents of documents are relevant

21.

Admissions in civil cases when relevant

22.

Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

23.

Confession to police officer

24.

Consideration of proved confession affecting person making it and others jointly under trial for same offence

25.

Admissions not conclusive proof, but may estop

26.

Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

27.

Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

28.

Entries in books of account when relevant

29.

Relevancy of entry in public record or an electronic record made in performance of duty

30.

Relevancy of statements in maps, charts and plans

31.

Relevancy of statement as to fact of public nature contained in certain Acts or notifications

32.

Relevancy of statements as to any law contained in law books including electronic or digital form

33.

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

34.

Previous judgments relevant to bar a second suit or trial

35.

Relevancy of certain judgments in probate, etc., jurisdiction

36.

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

37.

Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

38.

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

39.

Opinions of experts

40.

Facts bearing upon opinions of experts

41.

Opinion as to handwriting and signature, when relevant

42.

Opinion as to existence of general custom or right, when relevant

43.

Opinion as to usages, tenets, etc., when relevant

44.

Opinion on relationship, when relevant

45.

Grounds of opinion, when relevant

46.

In civil cases character to prove conduct imputed, irrelevant

47.

In criminal cases previous good character relevant

48.

Evidence of character or previous sexual experience not relevant in certain cases

49.

Previous bad character not relevant, except in reply

50.

Character as Affecting damages

Part III

On Proof

Chapter III

Facts which need not be Proved

51.

Fact judicially noticeable need not be proved

52.

Facts of which Court shall take judicial notice

53.

Facts admitted need not be proved

Chapter IV

Of Oral Evidence

54.

Proof of facts by oral evidence

55.

Oral evidence to be direct

Chapter V

Of Documentary Evidence

56.

Proof of contents of documents

57.

Primary Evidence

58.

Secondary Evidence

59.

Proof of documents by primary evidence

60.

Cases in which secondary evidence relating to documents may be given

61.

Electronic or digital record

62.

Special provisions as to evidence relating to electronic record

63.

Admissibility of electronic records

64.

Rules as to notice to produce

65.

Proof of signature and handwriting of person alleged to have signed or written document produced

66.

Proof as to Electronic signature

67.

Proof of execution of document required by law to be attested

68.

Proof where no attesting witness found

69.

Admission of execution by party to attested document

70.

Proof when Attesting witness denies execution

71.

Proof of document not required by law to be attested

72.

Comparison of signature, writing or seal with others admitted or proved

73.

Proof as to verification of digital signature

74.

Public and private documents

75.

Certified copies of public documents

76.

Proof of documents by production of certified copies

77.

Proof of other official documents

78.

Presumption as to genuineness of certified copies

79.

Presumption as to documents produced as record of evidence, etc

80.

Presumption as to Gazettes, newspapers, and other documents

81.

Presumption as to Gazettes in electronic or digital record

82.

Presumption as to maps or plans made by authority of Government

83.

Presumption as to collections of laws and reports of decisions

84.

Presumption as to powersof-attorney

85.

Presumption as to electronic agreements

86.

Presumption as to electronic records and electronic signatures

87.

Presumption as to Electronic Signature Certificates

88.

Presumption as to certified copies of foreign judicial records

89.

Presumption as to books, maps and charts

90.

Presumption as to electronic messages

91.

Presumption as to due execution, etc., of documents not produced

92.

Presumption as to documents thirty years old

93.

Presumption as to electronic records five years old

Chapter VI

Of The Exclusion of Oral Evidence by Documentary Evidence

94.

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

95.

Exclusion of evidence of oral agreement

96.

Exclusion of evidence to explain or amend ambiguous document

97.

Exclusion of Evidence against application of document to existing facts

98.

Evidence as to document unmeaning in reference to existing facts

99.

Evidence as to application of language which can apply to one only of several persons

100.

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

101.

Evidence as to meaning of illegible characters, etc

102.

Who may give evidence of agreement varying terms of document

103.

Saving of provisions of Indian Succession Act relating to wills

Part IV

Production and Effect of Evidence

Chapter VII

Of The Burden of Proof

104.

Burden of proof

105.

On whom burden of proof lies

106.

Burden of proof as to particular fact

107.

Burden of proving fact to be proved to make evidence admissible

108.

Burden of proving that case of accused comes within exceptions

109.

Burden of proving fact especially within knowledge

110.

Burden of proving death of person known to have been alive within thirty years

111.

Burden of proving that person is alive who has not been heard of for seven years

112.

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

113.

Burden of proof as to ownership

114.

Proof of good faith in transactions where one party is in relation of active confidence

115.

Presumption as to certain offences

116.

Birth during marriage, conclusive proof of legitimacy

117.

Presumption as to abetment of suicide by a married woman

118.

Presumption as to dowry death

119.

Court may Presume existence of certain facts

120.

Presumption as to absence of consent in certain prosecution for rape

Chapter VIII

Estoppel

121.

Estoppel

122.

Estoppel of tenant and of licensee of person in possession

123.

Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter IX

Of Witnesses

124.

Who may testify

125.

Witness unable to communicate verbally

126.

Competency of husband and wife as witnesses in certain cases

127.

Judges and Magistrates

128.

Communications During marriage

129.

Evidence as to affairs of State

130.

Official communications

131.

Information as to commission of offences

132.

Professional communications

133.

Privilege not waived by volunteering evidence

134.

Confidential communication with legal advisers

135.

Production of title-deeds of witness not a party

136.

Production of documents or electronic records which another person, having possession, could refuse to produce

137.

Witness not excused from answering on ground that answer will criminate

138.

Accomplice

139.

Number of witnesses

Chapter X

Of Examination of Witnesses

140.

Order of production and examination of witnesses

141.

Judge to decide as to admissibility of evidence

142.

Examination of witnesses

143.

Order of examinations

144.

Cross-examination of person called to produce a document

145.

Witnesses to character

146.

Leading questions

147.

Evidence as to matters in writing

148.

Cross-examination as to previous statements in writing

149.

Questions lawful in cross-examination

150.

When witness to be compelled to answer

151.

Court to decide when question shall be asked and when witness compelled to answer

152.

Question not to be asked without reasonable grounds

153.

Procedure of Court in case of question being asked without reasonable grounds

154.

Indecent and scandalous questions

155.

Questions intended to insult or annoy

156.

Exclusion of evidence to contradict answers to questions testing veracity

157.

Question by party to his own witness

158.

Impeaching credit of witness

159.

Questions tending to corroborate evidence of relevant fact, admissible

160.

Former statements of witness may be proved to corroborate later testimony as to same fact

161.

What matters may be proved in connection with proved statement relevant under section 26 or 27

162.

Refreshing memory

163.

Testimony to facts stated in document mentioned in section 162

164.

Right of adverse party as to writing used to refresh memory

165.

Production of documents

166.

Giving, as evidence, of document called for and produced on notice

167.

Using, as evidence, of document production of which was refused on notice

168.

Judge's power to put questions or order production

Chapter XI

Of Improper Admission and Rejection of Evidence

169.

No new trial for improper admission or rejection of evidence

Chapter XII

Repeal and Savings

170.

Repeal and savings

The Schedule

Certificate