The Bharatiya Sakshya Adhiniyam, 2023

Sections

1. CHAPTER I — Preliminary
2. 1Short title, application and commencement
3. 2Definitions
4. CHAPTER II — Relevancy Of Facts
5. 3Evidence may be given of facts in issue and relevant facts
6. 4Relevancy of facts forming part of same transaction
7. 5Facts which are occasion, cause or effect of facts in issue or relevant facts
8. 6Motive, preparation and previous or subsequent conduct
9. 7Facts necessary to explain or introduce fact in issue or relevant facts
10. 8Things said or done by conspirator in reference to common design
11. 9When facts not otherwise relevant become relevant
12. 10Facts tending to enable Court to determine amount are relevant in suits for damages
13. 11Facts relevant when right or custom is in question
14. 12Facts showing existence of state of mind, or of body or bodily feeling
15. 13Facts bearing on question whether act was accidental or intentional
16. 14Existence of course of business when relevant
17. 15Admission defined
18. 16Admission by party to proceeding or his agent
19. 17Admissions by persons whose position must be proved as against party to suit
20. 18Admissions by persons expressly referred to by party to suit
21. 19Proof of admissions against persons making them, and by or on their behalf
22. 20When oral admissions as to contents of documents are relevant
23. 21Admissions in civil cases when relevant
24. 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
25. 23Confession to police officer
26. 24Consideration of proved confession affecting person making it and others jointly under trial for same offence
27. 25Admissions not conclusive proof, but may estop
28. 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
29. 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
30. 28Entries in books of account when relevant
31. 29Relevancy of entry in public record or an electronic record made in performance of duty
32. 30Relevancy of statements in maps, charts and plans
33. 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications
34. 32Relevancy of statements as to any law contained in law books including electronic or digital form
35. 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
36. 34Previous judgments relevant to bar a second suit or trial
37. 35Relevancy of certain judgments in probate, etc., jurisdiction
38. 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
39. 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
40. 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
41. 39Opinions of experts
42. 40Facts bearing upon opinions of experts
43. 41Opinion as to handwriting and signature, when relevant
44. 42Opinion as to existence of general custom or right, when relevant
45. 43Opinion as to usages, tenets, etc., when relevant
46. 44Opinion on relationship, when relevant
47. 45Grounds of opinion, when relevant
48. 46In civil cases character to prove conduct imputed, irrelevant
49. 47In criminal cases previous good character relevant
50. 48Evidence of character or previous sexual experience not relevant in certain cases
51. 49Previous bad character not relevant, except in reply
52. 50Character as affecting damages
53. CHAPTER III — Facts Which Need Not Be Proved
54. 51Fact judicially noticeable need not be proved
55. 52Facts of which Court shall take judicial notice
56. 53Facts admitted need not be proved
57. CHAPTER IV — Of Oral Evidence
58. 54Proof of facts by oral evidence
59. 55Oral evidence to be direct
60. CHAPTER V — Of Documentary Evidence
61. 56Proof of contents of documents
62. 57Primary evidence
63. 58Secondary evidence
64. 59Proof of documents by primary evidence
65. 60Cases in which secondary evidence relating to documents may be given
66. 61Electronic or digital record
67. 62Special provisions as to evidence relating to electronic record
68. 63Admissibility of electronic records
69. 64Rules as to notice to produce
70. 65Proof of signature and handwriting of person alleged to have signed or written document produced
71. 66Proof as to electronic signature
72. 67Proof of execution of document required by law to be attested
73. 68Proof where no attesting witness found
74. 69Admission of execution by party to attested document
75. 70Proof when attesting witness denies execution
76. 71Proof of document not required by law to be attested
77. 72Comparison of signature, writing or seal with others admitted or proved
78. 73Proof as to verification of digital signature
79. 74Public and private documents
80. 75Certified copies of public documents
81. 76Proof of documents by production of certified copies
82. 77Proof of other official documents
83. 78Presumption as to genuineness of certified copies
84. 79Presumption as to documents produced as record of evidence, etc
85. 80Presumption as to Gazettes, newspapers, and other documents
86. 81Presumption as to Gazettes in electronic or digital record
87. 82Presumption as to maps or plans made by authority of Government
88. 83Presumption as to collections of laws and reports of decisions
89. 84Presumption as to powers-of-attorney
90. 85Presumption as to electronic agreements
91. 86Presumption as to electronic records and electronic signatures
92. 87Presumption as to Electronic Signature Certificates
93. 88Presumption as to certified copies of foreign judicial records
94. 89Presumption as to books, maps and charts
95. 90Presumption as to electronic messages
96. 91Presumption as to due execution, etc., of documents not produced
97. 92Presumption as to documents thirty years old
98. 93Presumption as to electronic records five years old
99. CHAPTER VI — Of The Exclusion Of Oral Evidence By Documentary Evidence
100. 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
101. 95Exclusion of evidence of oral agreement
102. 96Exclusion of evidence to explain or amend ambiguous document
103. 97Exclusion of evidence against application of document to existing facts
104. 98Evidence as to document unmeaning in reference to existing facts
105. 99Evidence as to application of language which can apply to one only of several persons
106. 100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
107. 101Evidence as to meaning of illegible characters, etc
108. 102Who may give evidence of agreement varying terms of document
109. 103Saving of provisions of Indian Succession Act relating to wills
110. CHAPTER VII — O
111. 104Burden of proof
112. 105On whom burden of proof lies
113. 106Burden of proof as to particular fact
114. 107Burden of proving fact to be proved to make evidence admissible
115. 108Burden of proving that case of accused comes within exceptions
116. 109Burden of proving fact especially within knowledge
117. 110Burden of proving death of person known to have been alive within thirty years
118. 111Burden of proving that person is alive who has not been heard of for seven years
119. 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
120. 113Burden of proof as to ownership
121. 114Proof of good faith in transactions where one party is in relation of active confidence
122. 115Presumption as to certain offences
123. 116Birth during marriage, conclusive proof of legitimacy
124. 117Presumption as to abetment of suicide by a married woman
125. 118Presumption as to dowry death
126. 119Court may presume existence of certain facts
127. 120Presumption as to absence of consent in certain prosecution for rape
128. CHAPTER VIII — Estoppel
129. 121Estoppel
130. 122Estoppel of tenant and of licensee of person in possession
131. 123Estoppel of acceptor of bill of exchange, bailee or licensee
132. CHAPTER IX — Of Witnesses
133. 124Who may testify
134. 125Witness unable to communicate verbally
135. 126Competency of husband and wife as witnesses in certain cases
136. 127Judges and Magistrates
137. 128Communications during marriage
138. 129Evidence as to affairs of State
139. 130Official communications
140. 131Information as to commission of offences
141. 132Professional communications
142. 133Privilege not waived by volunteering evidence
143. 134Confidential communication with legal advisers
144. 135Production of title-deeds of witness not a party
145. 136Production of documents or electronic records which another person, having possession, could refuse to produce
146. 137Witness not excused from answering on ground that answer will criminate
147. 138Accomplice
148. 139Number of witnesses
149. CHAPTER X — Of Examination Of Witnesses
150. 140Order of production and examination of witnesses
151. 141Judge to decide as to admissibility of evidence
152. 142Examination of witnesses
153. 143Order of examinations
154. 144Cross-examination of person called to produce a document
155. 145Witnesses to character
156. 146Leading questions
157. 147Evidence as to matters in writing
158. 148Cross-examination as to previous statements in writing
159. 149Questions lawful in cross-examination
160. 150When witness to be compelled to answer
161. 151Court to decide when question shall be asked and when witness compelled to answer
162. 152Question not to be asked without reasonable grounds
163. 153Procedure of Court in case of question being asked without reasonable grounds
164. 154Indecent and scandalous questions
165. 155Questions intended to insult or annoy
166. 156Exclusion of evidence to contradict answers to questions testing veracity
167. 157Question by party to his own witness
168. 158Impeaching credit of witness
169. 159Questions tending to corroborate evidence of relevant fact, admissible
170. 160Former statements of witness may be proved to corroborate later testimony as to same fact
171. 161What matters may be proved in connection with proved statement relevant under section 26 or 27
172. 162Refreshing memory
173. 163Testimony to facts stated in document mentioned in section 162
174. 164Right of adverse party as to writing used to refresh memory
175. 165Production of documents
176. 166Giving, as evidence, of document called for and produced on notice
177. 167Using, as evidence, of document production of which was refused on notice
178. 168Judge’s power to put questions or order production
179. CHAPTER XI — Of Improper Admission And Rejection Of Evidence
180. 169No new trial for improper admission or rejection of evidence
181. CHAPTER XII — Repeal And Savings
182. 170Repeal and savings