BSA · 2023
Bharatiya Sakshya Adhiniyam, 2023
The law of evidence — what courts may consider and how facts are proved. Replaced the Evidence Act on 1 July 2024.
Replaces: Indian Evidence Act, 1872
Chapter I · PreliminaryFull text · PDF
Chapter II · Relevancy Of FactsFull text · PDF
- 3Evidence may be given of facts in issue and relevant facts
- 4Relevancy of facts forming part of same transaction
- 5Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6Motive, preparation and previous or subsequent conduct
- 7Facts necessary to explain or introduce fact in issue or relevant facts
- 8Things said or done by conspirator in reference to common design
- 9When facts not otherwise relevant become relevant
- 10Facts tending to enable Court to determine amount are relevant in suits for damages
- 11Facts relevant when right or custom is in question
- 12Facts showing existence of state of mind, or of body or bodily feeling
- 13Facts bearing on question whether act was accidental or intentional
- 14Existence of course of business when relevant
- 15Admission defined
- 16Admission by party to proceeding or his agent
- 17Admissions by persons whose position must be proved as against party to suit
- 18Admissions by persons expressly referred to by party to suit
- 19Proof of admissions against persons making them, and by or on their behalf
- 20When oral admissions as to contents of documents are relevant
- 21Admissions in civil cases when relevant
- 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal
- 23Confession to police officer
- 24Consideration of proved confession affecting person making it and others jointly under trial
- 25Admissions not conclusive proof, but may estop
- 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
- 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein
- 28Entries in books of account when relevant
- 29Relevancy of entry in public record or an electronic record made in performance of duty
- 30Relevancy of statements in maps, charts and plans
- 31Relevancy of statement as to fact of public nature contained in certain Acts or
- 32Relevancy of statements as to any law contained in law books including electronic or digital
- 33What evidence to be given when statement forms part of a conversation, document,
- 34Previous judgments relevant to bar a second suit or trial
- 35Relevancy of certain judgments in probate, etc., jurisdiction
- 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in
- 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- 39Opinions of experts
- 40Facts bearing upon opinions of experts
- 41Opinion as to handwriting and signature, when relevant
- 42Opinion as to existence of general custom or right, when relevant
- 43Opinion as to usages, tenets, etc., when relevant
- 44Opinion on relationship, when relevant
- 45Grounds of opinion, when relevant
- 46In civil cases character to prove conduct imputed, irrelevant
- 47In criminal cases previous good character relevant
- 48Evidence of character or previous sexual experience not relevant in certain cases
- 49Previous bad character not relevant, except in reply
- 50Character as affecting damages
Chapter III · Facts Which Need Not Be ProvedFull text · PDF
Chapter IV · Of Oral EvidenceFull text · PDF
Chapter V · Of Documentary EvidenceFull text · PDF
- 56Proof of contents of documents
- 57Primary evidence
- 58Secondary evidence
- 59Proof of documents by primary evidence
- 60Cases in which secondary evidence relating to documents may be given
- 61Electronic or digital record
- 62Special provisions as to evidence relating to electronic record
- 63Admissibility of electronic records
- 64Rules as to notice to produce
- 65Proof of signature and handwriting of person alleged to have signed or written document
- 66Proof as to electronic signature
- 67Proof of execution of document required by law to be attested
- 68Proof where no attesting witness found
- 69Admission of execution by party to attested document
- 70Proof when attesting witness denies execution
- 71Proof of document not required by law to be attested
- 72Comparison of signature, writing or seal with others admitted or proved
- 73Proof as to verification of digital signature
- 74Public and private documents
- 75Certified copies of public documents
- 76Proof of documents by production of certified copies
- 77Proof of other official documents
- 78Presumption as to genuineness of certified copies
- 79Presumption as to documents produced as record of evidence, etc
- 80Presumption as to Gazettes, newspapers, and other documents
- 81Presumption as to Gazettes in electronic or digital record
- 82Presumption as to maps or plans made by authority of Government
- 83Presumption as to collections of laws and reports of decisions
- 84Presumption as to powers-of-attorney
- 85Presumption as to electronic agreements
- 86Presumption as to electronic records and electronic signatures
- 87Presumption as to Electronic Signature Certificates
- 88Presumption as to certified copies of foreign judicial records
- 89Presumption as to books, maps and charts
- 90Presumption as to electronic messages
- 91Presumption as to due execution, etc., of documents not produced
- 92Presumption as to documents thirty years old
- 93Presumption as to electronic records five years old
Chapter VI · Of The Exclusion Of Oral Evidence By Documentary EvidenceFull text · PDF
- 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of
- 95Exclusion of evidence of oral agreement
- 96Exclusion of evidence to explain or amend ambiguous document
- 97Exclusion of evidence against application of document to existing facts
- 98Evidence as to document unmeaning in reference to existing facts
- 99Evidence as to application of language which can apply to one only of several persons
- 100Evidence as to application of language to one of two sets of facts, to neither of which the
- 101Evidence as to meaning of illegible characters, etc
- 102Who may give evidence of agreement varying terms of document
- 103Saving of provisions of Indian Succession Act relating to wills
Chapter VII · Of The Burden Of ProofFull text · PDF
- 104Burden of proof
- 105On whom burden of proof lies
- 106Burden of proof as to particular fact
- 107Burden of proving fact to be proved to make evidence admissible
- 108Burden of proving that case of accused comes within exceptions
- 109Burden of proving fact especially within knowledge
- 110Burden of proving death of person known to have been alive within thirty years
- 111Burden of proving that person is alive who has not been heard of for seven years
- 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal
- 113Burden of proof as to ownership
- 114Proof of good faith in transactions where one party is in relation of active confidence
- 115Presumption as to certain offences
- 116Birth during marriage, conclusive proof of legitimacy
- 117Presumption as to abetment of suicide by a married woman
- 118Presumption as to dowry death
- 119Court may presume existence of certain facts
- 120Presumption as to absence of consent in certain prosecution for rape
Chapter VIII · EstoppelFull text · PDF
Chapter IX · Of WitnessesFull text · PDF
- 124Who may testify
- 125Witness unable to communicate verbally
- 126Competency of husband and wife as witnesses in certain cases
- 127Judges and Magistrates
- 128Communications during marriage
- 129Evidence as to affairs of State
- 130Official communications
- 131Information as to commission of offences
- 132Professional communications
- 133Privilege not waived by volunteering evidence
- 134Confidential communication with legal advisers
- 135Production of title-deeds of witness not a party
- 136Production of documents or electronic records which another person, having possession,
- 137Witness not excused from answering on ground that answer will criminate
- 138Accomplice
- 139Number of witnesses
Chapter X · Of Examination Of WitnessesFull text · PDF
- 140Order of production and examination of witnesses
- 141Judge to decide as to admissibility of evidence
- 142Examination of witnesses
- 143Order of examinations
- 144Cross-examination of person called to produce a document
- 145Witnesses to character
- 146Leading questions
- 147Evidence as to matters in writing
- 148Cross-examination as to previous statements in writing
- 149Questions lawful in cross-examination
- 150When witness to be compelled to answer
- 151Court to decide when question shall be asked and when witness compelled to
- 152Question not to be asked without reasonable grounds
- 153Procedure of Court in case of question being asked without reasonable
- 154Indecent and scandalous questions
- 155Questions intended to insult or annoy
- 156Exclusion of evidence to contradict answers to questions testing veracity
- 157Question by party to his own witness
- 158Impeaching credit of witness
- 159Questions tending to corroborate evidence of relevant fact, admissible
- 160Former statements of witness may be proved to corroborate later testimony as to
- 161What matters may be proved in connection with proved statement relevant under
- 162Refreshing memory
- 163Testimony to facts stated in document mentioned in section 162
- 164Right of adverse party as to writing used to refresh memory
- 165Production of documents
- 166Giving, as evidence, of document called for and produced on notice
- 167Using, as evidence, of document production of which was refused on
- 168Judge’s power to put questions or order production