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The Bharatiya Sakshya Adhiniyam, 2023

Central

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

Act number
47 of 2023
Ministry
Ministry of Home Affairs
Department
Department of Internal Security
Enacted
25 Dec 2023

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

170 sections

  1. Section 1Short title, application and commencement.
  2. Section 2Definitions.
  3. Section 3Evidence may be given of facts in issue and relevant facts.
  4. Section 4Relevancy of facts forming part of same transaction.
  5. Section 5Facts which are occasion, cause or effect of facts in issue or relevant facts.
  6. Section 6Motive, preparation and previous or subsequent conduct.
  7. Section 7Facts necessary to explain or introduce fact in issue or relevant facts.
  8. Section 8Things said or done by conspirator in reference to common design.
  9. Section 9When facts not otherwise relevant become relevant.
  10. Section 10Facts tending to enable Court to determine amount are relevant in suits for damages.
  11. Section 11Facts relevant when right or custom is in question.
  12. Section 12Facts showing existence of state of mind, or of body or bodily feeling.
  13. Section 13Facts bearing on question whether act was accidental or intentional.
  14. Section 14Existence of course of business when relevant.
  15. Section 15Admission defined.
  16. Section 16Admission by party to proceeding or his agent.
  17. Section 17Admissions by persons whose position must be proved as against party to suit.
  18. Section 18Admissions by persons expressly referred to by party to suit.
  19. Section 19Proof of admissions against persons making them, and by or on their behalf.
  20. Section 20When oral admissions as to contents of documents are relevant.
  21. Section 21Admissions in civil cases when relevant.
  22. Section 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
  23. Section 23Confession to police officer.
  24. Section 24Consideration of proved confession affecting person making it and others jointly under trial for same offence.
  25. Section 25Admissions not conclusive proof, but may estop.
  26. Section 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
  27. Section 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
  28. Section 28Entries in books of account when relevant.
  29. Section 29Relevancy of entry in public record or an electronic record made in performance of duty.
  30. Section 30Relevancy of statements in maps, charts and plans.
  31. Section 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
  32. Section 32Relevancy of statements as to any law contained in law books including electronic or digital form.
  33. Section 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
  34. Section 34Previous judgments relevant to bar a second suit or trial.
  35. Section 35Relevancy of certain judgments in probate, etc., jurisdiction.
  36. Section 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.
  37. Section 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
  38. Section 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
  39. Section 39Opinions of experts.
  40. Section 40Facts bearing upon opinions of experts.
  41. Section 41Opinion as to handwriting and signature, when relevant.
  42. Section 42Opinion as to existence of general custom or right, when relevant.
  43. Section 43Opinion as to usages, tenets, etc., when relevant.
  44. Section 44Opinion on relationship, when relevant.
  45. Section 45Grounds of opinion, when relevant.
  46. Section 46In civil cases character to prove conduct imputed, irrelevant.
  47. Section 47In criminal cases previous good character relevant.
  48. Section 48Evidence of character or previous sexual experience not relevant in certain cases.
  49. Section 49Previous bad character not relevant, except in reply.
  50. Section 50Character as affecting damages.
  51. Section 51Fact judicially noticeable need not be proved.
  52. Section 52Facts of which Court shall take judicial notice.
  53. Section 53Facts admitted need not be proved.
  54. Section 54Proof of facts by oral evidence.
  55. Section 55Oral evidence to be direct.
  56. Section 56Proof of contents of documents.
  57. Section 57Primary evidence.
  58. Section 58Secondary evidence.
  59. Section 59Proof of documents by primary evidence.
  60. Section 60Cases in which secondary evidence relating to documents maybe given.
  61. Section 61Electronic or digital record.
  62. Section 62Special provisions as to evidence relating to electronic record.
  63. Section 63Admissibility of electronic records.
  64. Section 64Rules as to notice to produce.
  65. Section 65Proof of signature and handwriting of person alleged to have signed or written document produced.
  66. Section 66Proof as to electronic signature.
  67. Section 67Proof of execution of document required by law to be attested.
  68. Section 68Proof where no attesting witness found.
  69. Section 69Admission of execution by party to attested document.
  70. Section 70Proof when attesting witness denies execution.
  71. Section 71Proof of document not required by law to be attested.
  72. Section 72Comparison of signature, writing or seal with others admitted or proved.
  73. Section 73Proof as to verification of digital signature.
  74. Section 74Public and private documents.
  75. Section 75Certified copies of public documents.
  76. Section 76Proof of documents by production of certified copies.
  77. Section 77Proof of other official documents.
  78. Section 78Presumption as to genuineness of certified copies.
  79. Section 79Presumption as to documents produced as record of evidence, etc.
  80. Section 80Presumption as to Gazettes, newspapers, and other documents.
  81. Section 81Presumption as to Gazettes in electronic or digital record.
  82. Section 82Presumption as to maps or plans made by authority of Government.
  83. Section 83Presumption as to collections of laws and reports of decisions.
  84. Section 84Presumption as to powers-of-attorney.
  85. Section 85Presumption as to electronic agreements.
  86. Section 86Presumption as to electronic records and electronic signatures.
  87. Section 87Presumption as to Electronic Signature Certificates.
  88. Section 88Presumption as to certified copies of foreign judicial records.
  89. Section 89Presumption as to books, maps and charts.
  90. Section 90Presumption as to electronic messages.
  91. Section 91Presumption as to due execution, etc., of documents not produced.
  92. Section 92Presumption as to documents thirty years old.
  93. Section 93Presumption as to electronic records five years old.
  94. Section 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
  95. Section 95Exclusion of evidence of oral agreement.
  96. Section 96Exclusion of evidence to explain or amend ambiguous document.
  97. Section 97Exclusion of evidence against application of document to existing facts.
  98. Section 98Evidence as to document unmeaning in reference to existing facts.
  99. Section 99Evidence 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 101Evidence as to meaning of illegible characters, etc.
  102. Section 102Who may give evidence of agreement varying terms of document.
  103. Section 103Saving of provisions of Indian Succession Act relating to wills.
  104. Section 104Burden of proof.
  105. Section 105On whom burden of proof lies.
  106. Section 106Burden of proof as to particular fact.
  107. Section 107Burden of proving fact to be proved to make evidence admissible.
  108. Section 108Burden of proving that case of accused comes within exceptions.
  109. Section 109Burden of proving fact especially within knowledge.
  110. Section 110Burden of proving death of person known to have been alive within thirty years.
  111. Section 111Burden of proving that person is alive who has not been heard of for seven years.
  112. Section 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
  113. Section 113Burden of proof as to ownership.
  114. Section 114Proof of good faith in transactions where one party is in relation of active confidence.
  115. Section 115Presumption as to certain offences.
  116. Section 116Birth during marriage, conclusive proof of legitimacy.
  117. Section 117Presumption as to abetment of suicide by a married woman.
  118. Section 118Presumption as to dowry death.
  119. Section 119Court may presume existence of certain facts.
  120. Section 120Presumption as to absence of consent in certain prosecution for rape.
  121. Section 121Estoppel.
  122. Section 122Estoppel of tenant and of licensee of person in possession.
  123. Section 123Estoppel of acceptor of bill of exchange, bailee or licensee.
  124. Section 124Who may testify.
  125. Section 125Witness unable to communicate verbally.
  126. Section 126Competency of husband and wife as witnesses in certain cases.
  127. Section 127Judges and Magistrates.
  128. Section 128Communications during marriage.
  129. Section 129Evidence as to affairs of State.
  130. Section 130Official communications.
  131. Section 131Information as to commission of offences.
  132. Section 132Professional communications.
  133. Section 133Privilege not waived by volunteering evidence.
  134. Section 134Confidential communication with legal advisers.
  135. Section 135Production of title-deeds of witness not a party.
  136. Section 136Production of documents or electronic records which another person, having possession, could refuse to produce.
  137. Section 137Witness not excused from answering on ground that answer will criminate.
  138. Section 138Accomplice.
  139. Section 139Number of witnesses.
  140. Section 140Order of production and examination of witnesses.
  141. Section 141Judge to decide as to admissibility of evidence.
  142. Section 142Examination of witnesses.
  143. Section 143Order of examinations.
  144. Section 144Cross examination of person called to produce a document.
  145. Section 145Witnesses to character.
  146. Section 146Leading questions.
  147. Section 147Evidence as to matters in writing.
  148. Section 148Cross examination as to previous statements in writing.
  149. Section 149Questions lawful in cross examination.
  150. Section 150When witness to be compelled to answer.
  151. Section 151Court to decide when question shall be asked and when witness compelled to answer.
  152. Section 152Question not to be asked without reasonable grounds.
  153. Section 153Procedure of Court in case of question being asked without reasonable grounds.
  154. Section 154Indecent and scandalous questions.
  155. Section 155Questions intended to insult or annoy.
  156. Section 156Exclusion of evidence to contradict answers to questions testing veracity.
  157. Section 157Question by party to his own witness.
  158. Section 158Impeaching credit of witness.
  159. Section 159Questions tending to corroborate evidence of relevant fact, admissible.
  160. Section 160Former statements of witness may be proved to corroborate later testimony as to same fact.
  161. Section 161What matters may be proved in connection with proved statement relevant under section 26 or 27.
  162. Section 162Refreshing memory.
  163. Section 163Testimony to facts stated in document mentioned in section 162.
  164. Section 164Right of adverse party as to writing used to refresh memory.
  165. Section 165Production of documents.
  166. Section 166Giving, as evidence, of document called for and produced on notice.
  167. Section 167Using, as evidence, of document production of which was refused on notice.
  168. Section 168Judge's power to put questions or order production.
  169. Section 169No new trial for improper admission or rejection of evidence.
  170. Section 170Repeal and savings.