| Contents |
|
|
The Bharatiya Sakshya Adhiniyam, 2023 |
| Sections |
Particulars |
|
Part I |
| Chapter I |
Preliminary |
| 1. |
Short title, application and commencement |
| 2. |
Definitions |
|
Part II |
| Chapter II |
Relevancy of Facts |
| 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 |
| Part III |
On Proof |
| Chapter III |
Facts which need not be Proved |
| 51. |
Fact judicially noticeable need not be proved |
| 52. |
Facts of which Court shall take judicial notice |
| 53. |
Facts admitted need not be proved |
| Chapter IV |
Of Oral Evidence |
| 54. |
Proof of facts by oral evidence |
| 55. |
Oral evidence to be direct |
| Chapter V |
Of Documentary Evidence |
| 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 |
| Chapter VI |
Of The Exclusion of Oral Evidence by Documentary Evidence |
| 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 |
| Part IV |
Production and Effect of Evidence |
| Chapter VII |
Of The Burden of Proof |
| 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 |
| Chapter VIII |
Estoppel |
| 121. |
Estoppel |
| 122. |
Estoppel of tenant and of licensee of person in possession |
| 123. |
Estoppel of acceptor of bill of exchange, bailee or licensee |
| Chapter IX |
Of Witnesses |
| 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 |
| Chapter X |
Of Examination 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 |
| Chapter XI |
Of Improper Admission and Rejection of Evidence |
| 169. |
No new trial for improper admission or rejection of evidence |
| Chapter XII |
Repeal and Savings |
| 170. |
Repeal and savings |
| The Schedule |
Certificate |
