The Bharatiya Sakshya Adhiniyam, 2023

§ 1 Short title, application and commencement

§ 2 Definitions

§ 3 Evidence may be given of facts in issue and relevant facts

§ 4 Relevancy of facts forming part of same transaction

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

§ 6 Motive, Preparation and previous or subsequent conduct

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

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

§ 9 When facts not otherwise relevant become relevant

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

§ 11 Facts relevant when right or custom is in question

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

§ 13 Facts bearing on question whether act was accidental or intentional

§ 14 Existence of course of business when relevant

§ 15 Admission defined

§ 16 Admission by party to proceeding or his agent

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

§ 18 Admissions by persons expressly referred to by party to suit

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

§ 20 When oral admissions as to contents of documents are relevant

§ 21 Admissions in civil cases when relevant

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

§ 23 Confession to police officer

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

§ 25 Admissions not conclusive proof, but may estop

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

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

§ 28 Entries in books of account when relevant

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

§ 30 Relevancy of statements in maps, charts and plans

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

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

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

§ 34 Previous judgments relevant to bar a second suit or trial

§ 35 Relevancy of certain judgments in probate, etc., jurisdiction

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

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

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

§ 39 Opinions of experts

§ 40 Facts bearing upon opinions of experts

§ 41 Opinion as to handwriting and signature, when relevant

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

§ 43 Opinion as to usages, tenets, etc., when relevant

§ 44 Opinion on relationship, when relevant

§ 45 Grounds of opinion, when relevant

§ 46 In civil cases character to prove conduct imputed, irrelevant

§ 47 In criminal cases previous good character relevant

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

§ 49 Previous bad character not relevant, except in reply

§ 50 Character as Affecting damages

§ 51 Fact judicially noticeable need not be proved

§ 52 Facts of which Court shall take judicial notice

§ 53 Facts admitted need not be proved

§ 54 Proof of facts by oral evidence

§ 55 Oral evidence to be direct

§ 56 Proof of contents of documents

§ 57 Primary Evidence

§ 58 Secondary Evidence

§ 59 Proof of documents by primary evidence

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

§ 61 Electronic or digital record

§ 62 Special provisions as to evidence relating to electronic record

§ 63 Admissibility of electronic records

§ 64 Rules as to notice to produce

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

§ 66 Proof as to Electronic signature

§ 67 Proof of execution of document required by law to be attested

§ 68 Proof where no attesting witness found

§ 69 Admission of execution by party to attested document

§ 70 Proof when Attesting witness denies execution

§ 71 Proof of document not required by law to be attested

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

§ 73 Proof as to verification of digital signature

§ 74 Public and private documents

§ 75 Certified copies of public documents

§ 76 Proof of documents by production of certified copies

§ 77 Proof of other official documents

§ 78 Presumption as to genuineness of certified copies

§ 79 Presumption as to documents produced as record of evidence, etc

§ 80 Presumption as to Gazettes, newspapers, and other documents

§ 81 Presumption as to Gazettes in electronic or digital record

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

§ 83 Presumption as to collections of laws and reports of decisions

§ 84 Presumption as to powersof-attorney

§ 85 Presumption as to electronic agreements

§ 86 Presumption as to electronic records and electronic signatures

§ 87 Presumption as to Electronic Signature Certificates

§ 88 Presumption as to certified copies of foreign judicial records

§ 89 Presumption as to books, maps and charts

§ 90 Presumption as to electronic messages

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

§ 92 Presumption as to documents thirty years old

§ 93 Presumption as to electronic records five years old

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

§ 95 Exclusion of evidence of oral agreement

§ 96 Exclusion of evidence to explain or amend ambiguous document

§ 97 Exclusion of Evidence against application of document to existing facts

§ 98 Evidence as to document unmeaning in reference to existing facts

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

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

§ 101 Evidence as to meaning of illegible characters, etc

§ 102 Who may give evidence of agreement varying terms of document

§ 103 Saving of provisions of Indian Succession Act relating to wills

§ 104 Burden of proof

§ 105 On whom burden of proof lies

§ 106 Burden of proof as to particular fact

§ 107 Burden of proving fact to be proved to make evidence admissible

§ 108 Burden of proving that case of accused comes within exceptions

§ 109 Burden of proving fact especially within knowledge

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

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

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

§ 113 Burden of proof as to ownership

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

§ 115 Presumption as to certain offences

§ 116 Birth during marriage, conclusive proof of legitimacy

§ 117 Presumption as to abetment of suicide by a married woman

§ 118 Presumption as to dowry death

§ 119 Court may Presume existence of certain facts

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

§ 121 Estoppel

§ 122 Estoppel of tenant and of licensee of person in possession

§ 123 Estoppel of acceptor of bill of exchange, bailee or licensee

§ 124 Who may testify

§ 125 Witness unable to communicate verbally

§ 126 Competency of husband and wife as witnesses in certain cases

§ 127 Judges and Magistrates

§ 128 Communications During marriage

§ 129 Evidence as to affairs of State

§ 130 Official communications

§ 131 Information as to commission of offences

§ 132 Professional communications

§ 133 Privilege not waived by volunteering evidence

§ 134 Confidential communication with legal advisers

§ 135 Production of title-deeds of witness not a party

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

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

§ 138 Accomplice

§ 139 Number of witnesses

§ 140 Order of production and examination of witnesses

§ 141 Judge to decide as to admissibility of evidence

§ 142 Examination of witnesses

§ 143 Order of examinations

§ 144 Cross-examination of person called to produce a document

§ 145 Witnesses to character

§ 146 Leading questions

§ 147 Evidence as to matters in writing

§ 148 Cross-examination as to previous statements in writing

§ 149 Questions lawful in cross-examination

§ 150 When witness to be compelled to answer

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

§ 152 Question not to be asked without reasonable grounds

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

§ 154 Indecent and scandalous questions

§ 155 Questions intended to insult or annoy

§ 156 Exclusion of evidence to contradict answers to questions testing veracity

§ 157 Question by party to his own witness

§ 158 Impeaching credit of witness

§ 159 Questions tending to corroborate evidence of relevant fact, admissible

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

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

§ 162 Refreshing memory

§ 163 Testimony to facts stated in document mentioned in section 162

§ 164 Right of adverse party as to writing used to refresh memory

§ 165 Production of documents

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

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

§ 168 Judge's power to put questions or order production

§ 169 No new trial for improper admission or rejection of evidence

§ 170 Repeal and savings

§ Schedule Certificate