Bharatiya Sakshya Adhiniyam, 2023

1

Section 1: Short title, application and commencement

2

Section 2: Definitions

3

Section 3: Evidence may be given of facts in issue and relevant facts

4

Section 4: Relevancy of facts forming part of same transaction

5

Section 5: Facts which are occasion, cause or effect of facts in issue or relevant facts

6

Section 6: Motive, preparation and previous or subsequent conduct

7

Section 7: Facts necessary to explain or introduce fact in issue or relevant facts

8

Section 8: Things said or done by conspirator in reference to common design

9

Section 9: When facts not otherwise relevant become relevant

10

Section 10: Facts tending to enable Court to determine amount are relevant in suits for damages

11

Section 11: Facts relevant when right or custom is in question

12

Section 12: Facts showing existence of state of mind, or of body or bodily feeling

13

Section 13: Facts bearing on question whether act was accidental or intentional

14

Section 14: Existence of course of business when relevant

15

Section 15: Admission defined

16

Section 16: Admission by party to proceeding or his agent

17

Section 17: Admissions by persons whose position must be proved as against party to suit

18

Section 18: Admissions by persons expressly referred to by party to suit

19

Section 19: Proof of admissions against persons making them, and by or on their behalf

20

Section 20: When oral admissions as to contents of documents are relevant

21

Section 21: Admissions in civil cases when relevant

22

Section 22: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

23

Section 23: Confession to police officer

24

Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence

25

Section 25: Admissions not conclusive proof, but may estop

26

Section 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

27

Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

28

Section 28: Entries in books of account when relevant

29

Section 29: Relevancy of entry in public record or an electronic record made in performance of duty

30

Section 30: Relevancy of statements in maps, charts and plans

31

Section 31: Relevancy of statement as to fact of public nature contained in certain Acts or notifications

32

Section 32: Relevancy of statements as to any law contained in law books including electronic or digital form

33

Section 33: What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

34

Section 34: Previous judgments relevant to bar a second suit or trial

35

Section 35: Relevancy of certain judgments in probate, etc., jurisdiction

36

Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

37

Section 37: Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

38

Section 38: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

39

Section 39: Opinions of experts

40

Section 40: Facts bearing upon opinions of experts

41

Section 41: Opinion as to handwriting and signature, when relevant

42

Section 42: Opinion as to existence of general custom or right, when relevant

43

Section 43: Opinion as to usages, tenets, etc., when relevant

44

Section 44: Opinion on relationship, when relevant

45

Section 45: Grounds of opinion, when relevant

46

Section 46: In civil cases character to prove conduct imputed, irrelevant

47

Section 47: In criminal cases previous good character relevant

48

Section 48: Evidence of character or previous sexual experience not relevant in certain cases

49

Section 49: Previous bad character not relevant, except in reply

50

Section 50: Character as affecting damages

51

Section 51: Fact judicially noticeable need not be proved

52

Section 52: Facts of which Court shall take judicial notice

53

Section 53: Facts admitted need not be proved

54

Section 54: Proof of facts by oral evidence

55

Section 55: Oral evidence to be direct

56

Section 56: Proof of contents of documents

57

Section 57: Primary evidence

58

Section 58: Secondary evidence

59

Section 59: Proof of documents by primary evidence

60

Section 60: Cases in which secondary evidence relating to documents maybe given

61

Section 61: Electronic or digital record

62

Section 62: Special provisions as to evidence relating to electronic record

63

Section 63: Admissibility of electronic records

64

Section 64: Rules as to notice to produce

65

Section 65: Proof of signature and handwriting of person alleged to have signed or written document produced

66

Section 66: Proof as to electronic signature

67

Section 67: Proof of execution of document required by law to be attested

68

Section 68: Proof where no attesting witness found

69

Section 69: Admission of execution by party to attested document

70

Section 70: Proof when attesting witness denies execution

71

Section 71: Proof of document not required by law to be attested

72

Section 72: Comparison of signature, writing or seal with others admitted or proved

73

Section 73: Proof as to verification of digital signature

74

Section 74: Public and private documents

75

Section 75: Certified copies of public documents

76

Section 76: Proof of documents by production of certified copies

77

Section 77: Proof of other official documents

78

Section 78: Presumption as to genuineness of certified copies

79

Section 79: Presumption as to documents produced as record of evidence, etc

80

Section 80: Presumption as to Gazettes, newspapers, and other documents

81

Section 81: Presumption as to Gazettes in electronic or digital record

82

Section 82: Presumption as to maps or plans made by authority of Government

83

Section 83: Presumption as to collections of laws and reports of decisions

84

Section 84: Presumption as to powers-of-attorney

85

Section 85: Presumption as to electronic agreements

86

Section 86: Presumption as to electronic records and electronic signatures

87

Section 87: Presumption as to Electronic Signature Certificates

88

Section 88: Presumption as to certified copies of foreign judicial records

89

Section 89: Presumption as to books, maps and charts

90

Section 90: Presumption as to electronic messages

91

Section 91: Presumption as to due execution, etc., of documents not produced

92

Section 92: Presumption as to documents thirty years old

93

Section 93: Presumption as to electronic records five years old

94

Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

95

Section 95: Exclusion of evidence of oral agreement

96

Section 96: Exclusion of evidence to explain or amend ambiguous document

97

Section 97: Exclusion of evidence against application of document to existing facts

98

Section 98: Evidence as to document unmeaning in reference to existing facts

99

Section 99: Evidence as to application of language which can apply to one only of several persons

100

Section 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

101

Section 101: Evidence as to meaning of illegible characters, etc

102

Section 102: Who may give evidence of agreement varying terms of document

103

Section 103: Saving of provisions of Indian Succession Act relating to wills

104

Section 104: Burden of proof

105

Section 105: On whom burden of proof lies

106

Section 106: Burden of proof as to particular fact

107

Section 107: Burden of proving fact to be proved to make evidence admissible

108

Section 108: Burden of proving that case of accused comes within exceptions

109

Section 109: Burden of proving fact especially within knowledge

110

Section 110: Burden of proving death of person known to have been alive within thirty years

111

Section 111: Burden of proving that person is alive who has not been heard of for seven years

112

Section 112: Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

113

Section 113: Burden of proof as to ownership

114

Section 114: Proof of good faith in transactions where one party is in relation of active confidence

115

Section 115: Presumption as to certain offences

116

Section 116: Birth during marriage, conclusive proof of legitimacy

117

Section 117: Presumption as to abetment of suicide by a married woman

118

Section 118: Presumption as to dowry death

119

Section 119: Court may presume existence of certain facts

120

Section 120: Presumption as to absence of consent in certain prosecution for rape

121

Section 121: Estoppel

122

Section 122: Estoppel of tenant and of licensee of person in possession

123

Section 123: Estoppel of acceptor of bill of exchange, bailee or licensee

124

Section 124: Who may testify

125

Section 125: Witness unable to communicate verbally

126

Section 126: Competency of husband and wife as witnesses in certain cases

127

Section 127: Judges and Magistrates

128

Section 128: Communications during marriage

129

Section 129: Evidence as to affairs of State

130

Section 130: Official communications

131

Section 131: Information as to commission of offences

132

Section 132: Professional communications

133

Section 133: Privilege not waived by volunteering evidence

134

Section 134: Confidential communication with legal advisers

135

Section 135: Production of title-deeds of witness not a party

136

Section 136: Production of documents or electronic records which another person, having possession, could refuse to produce

137

Section 137: Witness not excused from answering on ground that answer will criminate

138

Section 138: Accomplice

139

Section 139: Number of witnesses

140

Section 140: Order of production and examination of witnesses

141

Section 141: Judge to decide as to admissibility of evidence

142

Section 142: Examination of witnesses

143

Section 143: Order of examinations

144

Section 144: Cross examination of person called to produce a document

145

Section 145: Witnesses to character

146

Section 146: Leading questions

147

Section 147: Evidence as to matters in writing

148

Section 148: Cross examination as to previous statements in writing

149

Section 149: Questions lawful in cross examination

150

Section 150: When witness to be compelled to answer

151

Section 151: Court to decide when question shall be asked and when witness compelled to answer

152

Section 152: Question not to be asked without reasonable grounds

153

Section 153: Procedure of Court in case of question being asked without reasonable grounds

154

Section 154: Indecent and scandalous questions

155

Section 155: Questions intended to insult or annoy

156

Section 156: Exclusion of evidence to contradict answers to questions testing veracity

157

Section 157: Question by party to his own witness

158

Section 158: Impeaching credit of witness

159

Section 159: Questions tending to corroborate evidence of relevant fact, admissible

160

Section 160: Former statements of witness may be proved to corroborate later testimony as to same fact

161

Section 161: What matters may be proved in connection with proved statement relevant under section 26 or 27

162

Section 162: Refreshing memory

163

Section 163: Testimony to facts stated in document mentioned in section 162

164

Section 164: Right of adverse party as to writing used to refresh memory

165

Section 165: Production of documents

166

Section 166: Giving, as evidence, of document called for and produced on notice

167

Section 167: Using, as evidence, of document production of which was refused on notice

168

Section 168: Judge's power to put questions or order production

169

Section 169: No new trial for improper admission or rejection of evidence

170