The Bharatiya Sakshya Adhiniyam, 2023

Central Act · Act 47 of 2023167 provisions68 citing judgments

The enactment

Full text, provision by provision

Every provision below opens in full, free and without an account.

• Section 1 Short title, application and commencement.
• Section 2 Definitions.1 citing judgment
• Section 3 Evidence may be given of facts in issue and relevant facts.
• Section 4 Relevancy of facts forming part of same transaction.
• Section 5 Facts which are occasion, cause or effect of facts in issue or relevant facts.1 citing judgment
• Section 6 Motive, preparation and previous or subsequent conduct.1 citing judgment
• Section 7 Facts necessary to explain or introduce fact in issue or relevant facts.2 citing judgments
• Section 8 Things said or done by conspirator in reference to common design.
• Section 9 When facts not otherwise relevant become relevant.
• Section 11 Facts relevant when right or custom is in question.1 citing judgment
• Section 12 Facts showing existence of state of mind, or of body or bodily feeling.
• Section 13 Facts bearing on question whether act was accidental or intentional.
• Section 14 Existence of course of business when relevant.
• Section 15 Admission defined.
• Section 16 Admission by party to proceeding or his agent.
• Section 17 Admissions by persons whose position must be proved as against party to suit.
• Section 18 Admissions by persons expressly referred to by party to suit.
• Section 19 Proof of admissions against persons making them, and by or on their behalf.
• Section 20 When oral admissions as to contents of documents are relevant.
• Section 21 Admissions in civil cases when relevant.1 citing judgment
• Section 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
• Section 23 Confession to police officer.12 citing judgments
• Section 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence.
• Section 25 Admissions not conclusive proof, but may estop.1 citing judgment
• Section 26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
• Section 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
• Section 28 Entries in books of account when relevant.1 citing judgment
• Section 29 Relevancy of entry in public record or an electronic record made in performance of duty.
• Section 30 Relevancy of statements in maps, charts and plans.
• Section 31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
• Section 32 Relevancy of statements as to any law contained in law books including electronic or digital form.1 citing judgment
• Section 33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
• Section 34 Previous judgments relevant to bar a second suit or trial.1 citing judgment
• Section 35 Relevancy of certain judgments in probate, etc., jurisdiction.1 citing judgment
• Section 36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.1 citing judgment
• Section 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.1 citing judgment
• Section 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
• Section 39 Opinions of experts.2 citing judgments
• Section 40 Facts bearing upon opinions of experts.
• Section 41 Opinion as to handwriting and signature, when relevant.
• Section 42 Opinion as to existence of general custom or right, when relevant.
• Section 43 Opinion as to usages, tenets, etc., when relevant.
• Section 44 Opinion on relationship, when relevant.1 citing judgment
• Section 45 Grounds of opinion, when relevant.1 citing judgment
• Section 46 In civil cases character to prove conduct imputed, irrelevant.
• Section 47 In criminal cases previous good character relevant.
• Section 48 Evidence of character or previous sexual experience not relevant in certain cases.
• Section 49 Previous bad character not relevant, except in reply.
• Section 50 Character as affecting damages.
• Section 51 Fact judicially noticeable need not be proved.
• Section 52 Facts of which Court shall take judicial notice.
• Section 53 Facts admitted need not be proved.1 citing judgment
• Section 54 Proof of facts by oral evidence.
• Section 55 Oral evidence to be direct.
• Section 56 Proof of contents of documents.
• Section 57 Primary evidence.
• Section 58 Secondary evidence.
• Section 60 Cases in which secondary evidence relating to documents maybe given.2 citing judgments
• Section 61 Electronic or digital record.
• Section 62 Special provisions as to evidence relating to electronic record.1 citing judgment
• Section 63 Admissibility of electronic records.8 citing judgments
• Section 64 Rules as to notice to produce.
• Section 65 Proof of signature and handwriting of person alleged to have signed or written document produced.1 citing judgment
• Section 66 Proof as to electronic signature.
• Section 67 Proof of execution of document required by law to be attested.
• Section 68 Proof where no attesting witness found.
• Section 69 Admission of execution by party to attested document.
• Section 70 Proof when attesting witness denies execution.
• Section 71 Proof of document not required by law to be attested.
• Section 72 Comparison of signature, writing or seal with others admitted or proved.
• Section 73 Proof as to verification of digital signature.
• Section 74 Public and private documents.2 citing judgments
• Section 75 Certified copies of public documents.1 citing judgment
• Section 76 Proof of documents by production of certified copies.
• Section 77 Proof of other official documents.
• Section 78 Presumption as to genuineness of certified copies.
• Section 79 Presumption as to documents produced as record of evidence, etc.
• Section 80 Presumption as to Gazettes, newspapers, and other documents.
• Section 81 Presumption as to Gazettes in electronic or digital record.
• Section 82 Presumption as to maps or plans made by authority of Government.
• Section 83 Presumption as to collections of laws and reports of decisions.
• Section 84 Presumption as to powers-of-attorney.
• Section 85 Presumption as to electronic agreements.
• Section 86 Presumption as to electronic records and electronic signatures.
• Section 87 Presumption as to Electronic Signature Certificates.
• Section 88 Presumption as to certified copies of foreign judicial records.
• Section 89 Presumption as to books, maps and charts.
• Section 90 Presumption as to electronic messages.
• Section 91 Presumption as to due execution, etc., of documents not produced.
• Section 92 Presumption as to documents thirty years old.4 citing judgments
• Section 93 Presumption as to electronic records five years old.
• Section 94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
• Section 95 Exclusion of evidence of oral agreement.
• Section 96 Exclusion of evidence to explain or amend ambiguous document.
• Section 97 Exclusion of evidence against application of document to existing facts.
• Section 98 Evidence as to document unmeaning in reference to existing facts.
• Section 99 Evidence as to application of language which can apply to one only of several persons.
• Section 100 . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
• Section 101 Evidence as to meaning of illegible characters, etc.
• Section 102 Who may give evidence of agreement varying terms of document.
• Section 103 Saving of provisions of Indian Succession Act relating to wills.
• Section 104 Burden of proof.1 citing judgment
• Section 105 On whom burden of proof lies.
• Section 106 Burden of proof as to particular fact.
• Section 107 Burden of proving fact to be proved to make evidence admissible.
• Section 108 Burden of proving that case of accused comes within exceptions.
• Section 109 Burden of proving fact especially within knowledge.
• Section 110 Burden of proving death of person known to have been alive within thirty years.
• Section 111 Burden of proving that person is alive who has not been heard of for seven years.
• Section 112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
• Section 113 Burden of proof as to ownership.1 citing judgment
• Section 114 Proof of good faith in transactions where one party is in relation of active confidence.
• Section 115 Presumption as to certain offences.
• Section 116 Birth during marriage, conclusive proof of legitimacy.1 citing judgment
• Section 117 Presumption as to abetment of suicide by a married woman.
• Section 118 Presumption as to dowry death.1 citing judgment
• Section 119 Court may presume existence of certain facts.2 citing judgments
• Section 120 Presumption as to absence of consent in certain prosecution for rape.2 citing judgments
• Section 121 Estoppel.
• Section 122 Estoppel of tenant and of licensee of person in possession.
• Section 123 Estoppel of acceptor of bill of exchange, bailee or licensee.
• Section 124 Who may testify.
• Section 125 Witness unable to communicate verbally.
• Section 126 Competency of husband and wife as witnesses in certain cases.
• Section 127 Judges and Magistrates.
• Section 128 Communications during marriage.
• Section 129 Evidence as to affairs of State.
• Section 130 Official communications.
• Section 131 Information as to commission of offences.
• Section 132 Professional communications.1 citing judgment
• Section 133 Privilege not waived by volunteering evidence.
• Section 134 Confidential communication with legal advisers.
• Section 135 Production of title-deeds of witness not a party.
• Section 136 Production of documents or electronic records which another person, having possession, could refuse to produce.
• Section 137 Witness not excused from answering on ground that answer will criminate.
• Section 138 Accomplice.
• Section 139 Number of witnesses.
• Section 140 Order of production and examination of witnesses.1 citing judgment
• Section 141 Judge to decide as to admissibility of evidence.
• Section 142 Examination of witnesses.
• Section 143 Order of examinations.
• Section 144 Cross examination of person called to produce a document.1 citing judgment
• Section 146 Leading questions.
• Section 147 Evidence as to matters in writing.1 citing judgment
• Section 148 Cross examination as to previous statements in writing.2 citing judgments
• Section 149 Questions lawful in cross examination.
• Section 150 When witness to be compelled to answer.
• Section 151 Court to decide when question shall be asked and when witness compelled to answer.
• Section 152 Question not to be asked without reasonable grounds.
• Section 153 Procedure of Court in case of question being asked without reasonable grounds.
• Section 154 Indecent and scandalous questions.
• Section 155 Questions intended to insult or annoy.
• Section 156 Exclusion of evidence to contradict answers to questions testing veracity.
• Section 157 Question by party to his own witness.1 citing judgment
• Section 158 Impeaching credit of witness.
• Section 159 Questions tending to corroborate evidence of relevant fact, admissible.
• Section 160 Former statements of witness may be proved to corroborate later testimony as to same fact.
• Section 161 What matters may be proved in connection with proved statement relevant under section 26 or 27.
• Section 162 Refreshing memory.
• Section 163 Testimony to facts stated in document mentioned in section 162.
• Section 164 Right of adverse party as to writing used to refresh memory.
• Section 165 Production of documents.1 citing judgment
• Section 166 Giving, as evidence, of document called for and produced on notice.
• Section 167 Using, as evidence, of document production of which was refused on notice.
• Section 168 Judge's power to put questions or order production.2 citing judgments
• Section 169 No new trial for improper admission or rejection of evidence.
• Section 170 Repeal and savings.