Bharatiya Sakshya Adhiniyam, 2023 — all sections

In force since 1 July 2024.

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