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Indian Evidence Act, 1872 compared with The Bharatiya Sakshya Adhiniyam, 2023

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225 rows0 changed8 deleted0 added
Old act sectionNew act sectionNotes and status
Section 1
Short title, extent and commencement
Section 1
Short title, application and commencement

Section 3
Interpretation clause
Section 2
Definitions

Definitions. (Change)

Section 4
"May presume"
Section 2
Definitions

Section 5
Evidence may be given of facts in issue and relevant facts
Section 3
Evidence may be given of facts in issue and relevant facts

Section 6
Relevancy of facts forming part of same transaction
Section 4
Relevancy of facts forming part of same transaction

Section 7
Facts which are the occasion, cause or effect of facts in issue
Section 5
Facts which are occasion, cause or effect of facts in issue or relevant facts

Section 8
Motive, preparation and previous or subsequent conduct
Section 6
Motive, Preparation and previous or subsequent conduct

Section 9
Facts necessary to explain or introduce relevant facts
Section 7
Facts necessary to explain or introduce fact in issue or relevant facts

Section 10
Things said or done by conspirator in reference to common design
Section 8
Things said or done by conspirator in reference to common design

Section 11
When facts not otherwise relevant become relevant
Section 9
When facts not otherwise relevant become relevant

Section 12
In suits for damages, facts tending to enable Court to determine amount are relevant
Section 10
Facts tending to enable Court to determine amount are relevant in suits for damages

Section 13
Facts relevant when right or custom is in question
Section 11
Facts relevant when right or custom is in question

Section 14
Facts showing existence of state of mind, or of body or bodily feeling
Section 12
Facts showing existence of state of mind, or of body or bodily feeling

Only numbering change

Section 15
Facts bearing on question whether act was accidental or intentional
Section 13
Facts bearing on question whether act was accidental or intentional

Section 16
Existence of course of business when relevant
Section 14
Existence of course of business when relevant

Section 17
Admission defined
Section 15
Admission defined

Section 18
Admission-by party to proceeding or his agent
Section 16
Admission by party to proceeding or his agent

Section 19
Admissions by persons whose position must be proved as against party to suit
Section 17
Admissions by persons whose position must be proved as against party to suit

Section 20
Admissions by persons expressly referred to by party to suit
Section 18
Admissions by persons expressly referred to by party to suit

Section 21
Proof of admissions against persons making them, and by or on their behalf
Section 19
Proof of admissions against persons making them, and by or on their behalf

Section 22
When oral admissions as to contents of documents are relevant
Section 20
When oral admissions as to contents of documents are relevant

Section 22
When oral admissions as to contents of documents are relevant
Section Schedule
Certificate

Deleted
Section 22A
When oral admission as to contents of electronic records are relevant
Section 20
When oral admissions as to contents of documents are relevant

Section 22A
When oral admission as to contents of electronic records are relevant
Section Schedule
Certificate

Deleted
Section 23
Admission in civil cases relevant
Section 21
Admissions in civil cases when relevant

Section 24
Confession caused by inducement, threat or promise when irrelevant in criminal proceedings
Section 22
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

Section 25
Confession to police officer not to be proved
Section 23
Confession to police officer

Section 26
Confession by accused while in custody of police not to be proved against him
Section 23
Confession to police officer

Section 27
How much of information received from accused may be proved
Section 23
Confession to police officer

23. Proviso

Section 28
Confession made after removal of impression caused by inducement, threat or promise, relevant
Section 22
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

22. Proviso 1

Section 29
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
Section 22
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

22. Proviso 2

Section 30
Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section 24
Consideration of proved confession affecting person making it and others jointly under trial for same offence

Section 31
Admission not conclusive proof, but may estop
Section 25
Admissions not conclusive proof, but may estop

Section 32
Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant
Section 26
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Section 33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Section 27
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

Section 34
Entries in books of account when relevant
Section 28
Entries in books of account when relevant

Section 35
Relevancy of entry in public record made in performance of duty
Section 29
Relevancy of entry in public record or an electronic record made in performance of duty

Section 36
Relevancy of statements in maps, charts and plans
Section 30
Relevancy of statements in maps, charts and plans

Section 37
Relevancy of statement as to fact of public nature, contained in certain acts or notifications
Section 31
Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Section 38
Relevancy of statements as to any law contained in law-books
Section 32
Relevancy of statements as to any law contained in law books including electronic or digital form

Section 39
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
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 40
Previous judgments relevant to bar a second suit or trial
Section 34
Previous judgments relevant to bar a second suit or trial

Section 41
Relevancy of certain judgments in probate, etc. jurisdiction
Section 35
Relevancy of certain judgments in probate, etc., jurisdiction

Section 42
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Section 36
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Section 43
Judgment, etc., other than those mentioned in sections 40 to 42, when relevant
Section 37
Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Section 44
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 38
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Section 45
Opinions of experts
Section 39
Opinions of experts

Section 45
Opinions of experts
Section 39
Opinions of experts

Section 46
Facts bearing upon opinions of experts
Section 40
Facts bearing upon opinions of experts

Section 47
Opinion as to handwriting, when relevant
Section 41
Opinion as to handwriting and signature, when relevant

Section 47
Opinion as to handwriting, when relevant
Section 41
Opinion as to handwriting and signature, when relevant

Section 47A
Opinion as to digital signature where relevant
Section 41
Opinion as to handwriting and signature, when relevant

Section 47A
Opinion as to digital signature where relevant
Section 41
Opinion as to handwriting and signature, when relevant

Section 48
Opinion as to existence of right or custom, when relevant
Section 42
Opinion as to existence of general custom or right, when relevant

Section 49
Opinion as to usage, tenets, etc., when relevant
Section 43
Opinion as to usages, tenets, etc., when relevant

Section 50
Opinion on relationship, when relevant
Section 44
Opinion on relationship, when relevant

Section 52
In civil cases character to prove conduct imputed, irrelevant
Section 46
In civil cases character to prove conduct imputed, irrelevant

Section 53
In criminal cases previous good character relevant
Section 47
In criminal cases previous good character relevant

Section 53
In criminal cases previous good character relevant
Section 48
Evidence of character or previous sexual experience not relevant in certain cases

Section 54
Previous bad character not relevant, except in reply
Section 49
Previous bad character not relevant, except in reply

Section 55
Character as affecting damages
Section 50
Character as Affecting damages

Section 56
Fact Judicially noticeable need not be proved
Section 51
Fact judicially noticeable need not be proved

Section 57
Facts of which Court must take judicial notice
Section 52
Facts of which Court shall take judicial notice

Section 58
Facts admitted need not be proved
Section 53
Facts admitted need not be proved

Section 59
Proof of facts by oral evidence
Section 54
Proof of facts by oral evidence

Section 60
Oral evidence must be direct
Section 55
Oral evidence to be direct

Section 61
Proof of contents of documents
Section 56
Proof of contents of documents

Section 62
Primary evidence
Section 57
Primary Evidence

Section 63
Secondary evidence
Section 58
Secondary Evidence

Section 64
Proof of documents by primary evidence
Section 59
Proof of documents by primary evidence

Section 65
Cases in which secondary evidence relating to documents may be given
Section 60
Cases in which secondary evidence relating to documents may be given

Section 65
Cases in which secondary evidence relating to documents may be given
Section 62
Special provisions as to evidence relating to electronic record

Section 65
Cases in which secondary evidence relating to documents may be given
Section 63
Admissibility of electronic records

Section 65A
Special provisions as to evidence relating to electronic record
Section 60
Cases in which secondary evidence relating to documents may be given

Section 65A
Special provisions as to evidence relating to electronic record
Section 62
Special provisions as to evidence relating to electronic record

Section 65A
Special provisions as to evidence relating to electronic record
Section 63
Admissibility of electronic records

Section 65B
Admissibility of electronic records
Section 60
Cases in which secondary evidence relating to documents may be given

Section 65B
Admissibility of electronic records
Section 62
Special provisions as to evidence relating to electronic record

Section 65B
Admissibility of electronic records
Section 63
Admissibility of electronic records

Section 66
Rules as to notice to produce
Section 64
Rules as to notice to produce

Section 67
Proof of signature and handwriting of person alleged to have signed or written document produced
Section 65
Proof of signature and handwriting of person alleged to have signed or written document produced

Section 67
Proof of signature and handwriting of person alleged to have signed or written document produced
Section 66
Proof as to Electronic signature

Section 67A
Proof as to digital signature
Section 65
Proof of signature and handwriting of person alleged to have signed or written document produced

Section 67A
Proof as to digital signature
Section 66
Proof as to Electronic signature

Section 68
Proof of execution of document required by law to be attested
Section 67
Proof of execution of document required by law to be attested

Section 69
Proof where no attesting witness found
Section 68
Proof where no attesting witness found

Section 70
Admission of execution by party to attested document
Section 69
Admission of execution by party to attested document

Section 71
Proof when attesting witness denies the execution
Section 70
Proof when Attesting witness denies execution

Section 72
Proof of document not required by law to be attested
Section 71
Proof of document not required by law to be attested

Section 73
Comparison of signature, writing or seal with others admitted or proved
Section 72
Comparison of signature, writing or seal with others admitted or proved

Section 73
Comparison of signature, writing or seal with others admitted or proved
Section 73
Proof as to verification of digital signature

Section 73A
Proofs as to verification of digital signature
Section 72
Comparison of signature, writing or seal with others admitted or proved

Section 73A
Proofs as to verification of digital signature
Section 73
Proof as to verification of digital signature

Section 74
Public documents
Section 74
Public and private documents

Section 75
Private documents
Section 74
Public and private documents

Section 76
Certified copies of public documents
Section 75
Certified copies of public documents

Section 77
Proof of documents by production of certified copies
Section 76
Proof of documents by production of certified copies

Section 78
Proof of other official documents
Section 77
Proof of other official documents

Section 79
Presumption as to genuineness of certified copies
Section 78
Presumption as to genuineness of certified copies

Section 80
Presumption as to documents produced as record of evidence
Section 79
Presumption as to documents produced as record of evidence, etc

Section 81
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section 80
Presumption as to Gazettes, newspapers, and other documents

Section 81
Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Section 81
Presumption as to Gazettes in electronic or digital record

Section 81A
Presumption as to Gazettes in electronic forms
Section 80
Presumption as to Gazettes, newspapers, and other documents

Section 81A
Presumption as to Gazettes in electronic forms
Section 81
Presumption as to Gazettes in electronic or digital record

Section 82
Presumption as to document admissible in England without proof of seal or signature
Section Schedule
Certificate

Section 83
Presumption as to maps or plans made by authority of Government
Section 82
Presumption as to maps or plans made by authority of Government

Section 84
Presumption as to collections of laws and reports of decisions
Section 83
Presumption as to collections of laws and reports of decisions

Section 85
Presumption as to powers-of-attorney
Section 84
Presumption as to powersof-attorney

Section 85
Presumption as to powers-of-attorney
Section 85
Presumption as to electronic agreements

Section 85
Presumption as to powers-of-attorney
Section 86
Presumption as to electronic records and electronic signatures

Section 85
Presumption as to powers-of-attorney
Section 87
Presumption as to Electronic Signature Certificates

Section 85A
Presumption as to electronic agreements
Section 84
Presumption as to powersof-attorney

Section 85A
Presumption as to electronic agreements
Section 85
Presumption as to electronic agreements

Section 85A
Presumption as to electronic agreements
Section 86
Presumption as to electronic records and electronic signatures

Section 85A
Presumption as to electronic agreements
Section 87
Presumption as to Electronic Signature Certificates

Section 85B
Presumption as to electronic record and digital signatures
Section 84
Presumption as to powersof-attorney

Section 85B
Presumption as to electronic record and digital signatures
Section 85
Presumption as to electronic agreements

Section 85B
Presumption as to electronic record and digital signatures
Section 86
Presumption as to electronic records and electronic signatures

Section 85B
Presumption as to electronic record and digital signatures
Section 87
Presumption as to Electronic Signature Certificates

Section 85C
Presumption as to Digital Signature Certificates
Section 84
Presumption as to powersof-attorney

Section 85C
Presumption as to Digital Signature Certificates
Section 85
Presumption as to electronic agreements

Section 85C
Presumption as to Digital Signature Certificates
Section 86
Presumption as to electronic records and electronic signatures

Section 85C
Presumption as to Digital Signature Certificates
Section 87
Presumption as to Electronic Signature Certificates

Section 86
Presumption as to certified copies of foreign judicial records
Section 88
Presumption as to certified copies of foreign judicial records

Section 87
Presumption as to books, maps and charts
Section 89
Presumption as to books, maps and charts

Section 88
Presumption as to books, maps and charts
Section 90
Presumption as to electronic messages

Section 88
Presumption as to books, maps and charts
Section Schedule
Certificate

Deleted
Section 88A
Presumption as to electronic messages
Section 90
Presumption as to electronic messages

Section 88A
Presumption as to electronic messages
Section Schedule
Certificate

Deleted
Section 89
Presumption as to due execution, etc., of documents not produced
Section 91
Presumption as to due execution, etc., of documents not produced

Section 90
Presumption as to documents thirty years old
Section 92
Presumption as to documents thirty years old

Section 90
Presumption as to documents thirty years old
Section 93
Presumption as to electronic records five years old

Section 90A
Presumption as to electronic records five year old
Section 92
Presumption as to documents thirty years old

Section 90A
Presumption as to electronic records five year old
Section 93
Presumption as to electronic records five years old

Section 91
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Section 94
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

Section 92
Exclusion of evidence of oral agreement
Section 95
Exclusion of evidence of oral agreement

Section 93
Exclusion of evidence to explain or amend ambiguous document
Section 96
Exclusion of evidence to explain or amend ambiguous document

Section 94
Exclusion of evidence against application of document to existing facts
Section 97
Exclusion of Evidence against application of document to existing facts

Section 95
Evidence as to document unmeaning in reference to existing facts
Section 98
Evidence as to document unmeaning in reference to existing facts

Section 96
Evidence as to application of language which can apply to one only of several persons
Section 99
Evidence as to application of language which can apply to one only of several persons

Section 97
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Section 100
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

Section 98
Evidence as to meaning of illegible characters, etc.
Section 101
Evidence as to meaning of illegible characters, etc

Section 99
Who may give evidence of agreement varying terms of document
Section 102
Who may give evidence of agreement varying terms of document

Section 100
Saving of provisions of Indian Succession Act, relating to wills
Section 103
Saving of provisions of Indian Succession Act relating to wills

Section 101
Burden of proof
Section 104
Burden of proof

Section 102
On whom burden of proof lies
Section 105
On whom burden of proof lies

Section 103
Burden of proof as to particular fact
Section 106
Burden of proof as to particular fact

Section 104
Burden of proving fact to be proved to make evidence admissible
Section 107
Burden of proving fact to be proved to make evidence admissible

Section 105
Burden of proving that case of accused comes within exceptions.
Section 108
Burden of proving that case of accused comes within exceptions

Section 106
Burden of proving fact especially within knowledge
Section 109
Burden of proving fact especially within knowledge

Section 107
Burden of proving death of person known to have been alive within thirty years
Section 110
Burden of proving death of person known to have been alive within thirty years

Section 108
Burden of proving that person is alive who has not been heard of for seven years
Section 111
Burden of proving that person is alive who has not been heard of for seven years

Section 109
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Section 112
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

Section 110
Burden of proof as to ownership
Section 113
Burden of proof as to ownership

Section 111
Proof of good faith in transactions where one party is in relation of active confidence
Section 114
Proof of good faith in transactions where one party is in relation of active confidence

Section 111
Proof of good faith in transactions where one party is in relation of active confidence
Section 115
Presumption as to certain offences

Section 111A
Presumption as to certain offences
Section 114
Proof of good faith in transactions where one party is in relation of active confidence

Section 111A
Presumption as to certain offences
Section 115
Presumption as to certain offences

Section 112
Birth during marriage, conclusive proof of legitimacy
Section 116
Birth during marriage, conclusive proof of legitimacy

Section 113
Proof of cession of territory
Section 117
Presumption as to abetment of suicide by a married woman

Section 113
Proof of cession of territory
Section 118
Presumption as to dowry death

Section 113
Proof of cession of territory
Section Schedule
Certificate

Deleted
Section 113A
Presumption as to abetment of suicide by a married women
Section 117
Presumption as to abetment of suicide by a married woman

Section 113A
Presumption as to abetment of suicide by a married women
Section 118
Presumption as to dowry death

Section 113A
Presumption as to abetment of suicide by a married women
Section Schedule
Certificate

Deleted
Section 113B
Presumption as to dowry death
Section 117
Presumption as to abetment of suicide by a married woman

Section 113B
Presumption as to dowry death
Section 118
Presumption as to dowry death

Section 113B
Presumption as to dowry death
Section Schedule
Certificate

Deleted
Section 114
Court may presume existence of certain acts
Section 119
Court may Presume existence of certain facts

Section 114
Court may presume existence of certain acts
Section 120
Presumption as to absence of consent in certain prosecution for rape

Section 114A
Presumption as to absence of consent in certain prosecutions for rape
Section 119
Court may Presume existence of certain facts

Section 114A
Presumption as to absence of consent in certain prosecutions for rape
Section 120
Presumption as to absence of consent in certain prosecution for rape

Section 115
Estoppel
Section 121
Estoppel

Section 116
Estoppel of tenant; and of license of person in possession
Section 122
Estoppel of tenant and of licensee of person in possession

Section 117
Estoppel of acceptor of bill of exchange, bailee or licensee
Section 123
Estoppel of acceptor of bill of exchange, bailee or licensee

Section 118
Who may testify
Section 124
Who may testify

Section 119
Dumb witnesses
Section 125
Witness unable to communicate verbally

Section 120
Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial
Section 126
Competency of husband and wife as witnesses in certain cases

Section 121
Judges and Magistrates
Section 127
Judges and Magistrates

Section 122
Communications during marriage
Section 128
Communications During marriage

Section 123
Evidence as to affairs of State
Section 129
Evidence as to affairs of State

Section 124
Official communications
Section 130
Official communications

Section 125
Information as to commission of offences
Section 131
Information as to commission of offences

Section 126
Professional communication
Section 132
Professional communications

Section 127
Section 126 to apply to interpreters etc.
Section 132
Professional communications

Section 128
Privilege not waived by volunteering evidence
Section 133
Privilege not waived by volunteering evidence

Section 129
Confidential communications with legal advisers
Section 134
Confidential communication with legal advisers

Section 130
Production of title-deeds of witness not a party
Section 135
Production of title-deeds of witness not a party

Section 131
Production of documents or electronic records which another person, having possession, could refuse to produce
Section 136
Production of documents or electronic records which another person, having possession, could refuse to produce

Section 132
Witness not excused from answering on ground that answer will criminate
Section 137
Witness not excused from answering on ground that answer will criminate

Section 133
Accomplice
Section 138
Accomplice

Section 134
Number of witnesses
Section 139
Number of witnesses

Section 135
Order of production and examination of witnesses
Section 140
Order of production and examination of witnesses

Section 136
Judge to decide as to admissibility of evidence
Section 141
Judge to decide as to admissibility of evidence

Section 137
Examination in chief
Section 142
Examination of witnesses

Section 138
Order of examinations
Section 143
Order of examinations

Section 139
Cross-examination of person called to produce a document
Section 144
Cross-examination of person called to produce a document

Section 140
Witnesses to character
Section 145
Witnesses to character

Section 141
Leading questions
Section 146
Leading questions

Section 142
When they must not be asked
Section 146
Leading questions

Section 143
When they may be asked
Section 146
Leading questions

Section 144
Evidence as to matters in writing
Section 147
Evidence as to matters in writing

Section 145
Cross-examination as to previous Statements in writing
Section 148
Cross-examination as to previous statements in writing

Section 146
Questions lawful in cross-examination
Section 149
Questions lawful in cross-examination

Section 147
When witness to be compelled to answer
Section 150
When witness to be compelled to answer

Section 148
Court to decide when question shall be asked and when witness compelled to answer
Section 151
Court to decide when question shall be asked and when witness compelled to answer

Section 149
Question not to be asked without reasonable grounds
Section 152
Question not to be asked without reasonable grounds

Section 150
Procedure of Court in case of question being asked without reasonable grounds
Section 153
Procedure of Court in case of question being asked without reasonable grounds

Section 151
Indecent and scandalous questions
Section 154
Indecent and scandalous questions

Section 152
Questions intended to insult or annoy
Section 155
Questions intended to insult or annoy

Section 153
Exclusion of evidence to contradict answers to questions testing veracity
Section 156
Exclusion of evidence to contradict answers to questions testing veracity

Section 154
Question by party to his own witness
Section 157
Question by party to his own witness

Section 155
Impeaching credit of witness
Section 158
Impeaching credit of witness

Section 156
Questions tending to corroborate evidence of relevant fact, admissible
Section 159
Questions tending to corroborate evidence of relevant fact, admissible

Section 157
Former statements of witness may be proved to corroborate later testimony as to same fact
Section 160
Former statements of witness may be proved to corroborate later testimony as to same fact

Section 158
What matters may be proved in connection with proved statement relevant under section 32 or 33
Section 161
What matters may be proved in connection with proved statement relevant under section 26 or 27

Section 159
Refreshing memory
Section 162
Refreshing memory

Section 160
Testimony to facts stated in document mentioned in section 159
Section 163
Testimony to facts stated in document mentioned in section 162

Section 161
Right of adverse party as to writing used to refresh memory
Section 164
Right of adverse party as to writing used to refresh memory

Section 162
Productions of documents
Section 165
Production of documents

Section 163
Giving, as evidence, of document called for and produced on notice
Section 166
Giving, as evidence, of document called for and produced on notice

Section 164
Using, as evidence, of document production of which was refused on notice
Section 167
Using, as evidence, of document production of which was refused on notice

Section 165
Judge's power to put questions or order production
Section 168
Judge's power to put questions or order production

Section 166
Power of jury or assessors to put questions
Section Schedule
Certificate

Deleted
Section 167
No new trial for improper admission or rejection or evidence
Section 169
No new trial for improper admission or rejection of evidence