Bare Acts

The Bharatiya Sakshya Adhiniyam, 2023

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

भारतीय साक्ष्यस अधिनियम,2023

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Act Details

Act Number:

Act Year:

2023

Location:

Enactment Date:

12/25/2023

Enforcement Date:

1-7-2024

Ministry:

Ministry of Home Affairs

Department:

Department of Internal Security

All Section List (BSA)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, application and commencement.

Section 2

Definitions.

RELEVANCY OF FACTS

Section 3

Evidence may be given of facts in issue and relevant facts.

Closely connected facts

Section 4 to Section 14

Section 4

Relevancy of facts forming part of same transaction.

Section 5

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

Section 6

Motive, preparation and previous or subsequent conduct.

Section 7

Facts necessary to explain or introduce fact in issue or relevant facts.

Section 8

Things said or done by conspirator in reference to common design.

Section 9

When facts not otherwise relevant become relevant.

Section 10

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

Section 11

Facts relevant when right or custom is in question.

Section 12

Facts showing existence of state of mind, or of body or bodily feeling.

Section 13

Facts bearing on question whether act was accidental or intentional.

Section 14

Existence of course of business when relevant.

Admissions

Section 15 to Section 25

Section 15

Admission defined.

Section 16

Admission by party to proceeding or his agent.

Section 17

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

Section 18

Admissions by persons expressly referred to by party to suit.

Section 19

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

Section 20

When oral admissions as to contents of documents are relevant.

Section 21

Admissions in civil cases when relevant.

Section 22

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

Section 23

Confession to police officer.

Section 24

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

Section 25

Admissions not conclusive proof, but may estop.

Statements by persons who cannot be called as witnesses

Section 26 to Section 27

Section 26

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

Section 27

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

Statements made under special circumstances

Section 28 to Section 32

Section 28

Entries in books of account when relevant.

Section 29

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

Section 30

Relevancy of statements in maps, charts and plans.

Section 31

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

Section 32

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

How much of a statement is to be proved

Section 33

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

Judgments of Courts when relevant

Section 34 to Section 38

Section 34

Previous judgments relevant to bar a second suit or trial.

Section 35

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

Section 36

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

Section 37

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

Section 38

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

Opinions of third persons when relevant

Section 39 to Section 45

Section 39

Opinions of experts.

Section 40

Facts bearing upon opinions of experts.

Section 41

Opinion as to handwriting and signature, when relevant.

Section 42

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

Section 43

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

Section 44

Opinion on relationship, when relevant.

Section 45

Grounds of opinion, when relevant.

Character when relevant

Section 46 to Section 50

Section 46

In civil cases character to prove conduct imputed, irrelevant.

Section 47

In criminal cases previous good character relevant.

Section 48

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

Section 49

Previous bad character not relevant, except in reply.

Section 50

Character as affecting damages.

FACTS WHICH NEED NOT BE PROVED

Section 51 to Section 53

Section 51

Fact judicially noticeable need not be proved.

Section 52

Facts of which Court shall take judicial notice.

Section 53

Facts admitted need not be proved.

OF ORAL EVIDENCE

Section 54 to Section 55

Section 54

Proof of facts by oral evidence.

Section 55

Oral evidence to be direct.

OF DOCUMENTARY EVIDENCE

Section 56 to Section 73

Section 56

Proof of contents of documents.

Section 57

Primary evidence.

Section 58

Secondary evidence.

Section 59

Proof of documents by primary evidence.

Section 60

Cases in which secondary evidence relating to documents maybe given.

Section 61

Electronic or digital record.

Section 62

Special provisions as to evidence relating to electronic record.

Section 63

Admissibility of electronic records.

Section 64

Rules as to notice to produce.

Section 65

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

Section 66

Proof as to electronic signature.

Section 67

Proof of execution of document required by law to be attested.

Section 68

Proof where no attesting witness found.

Section 69

Admission of execution by party to attested document.

Section 70

Proof when attesting witness denies execution.

Section 71

Proof of document not required by law to be attested.

Section 72

Comparison of signature, writing or seal with others admitted or proved.

Section 73

Proof as to verification of digital signature.

Public documents

Section 74 to Section 77

Section 74

Public and private documents.

Section 75

Certified copies of public documents.

Section 76

Proof of documents by production of certified copies.

Section 77

Proof of other official documents.

Presumptions as to documents

Section 78 to Section 93

Section 78

Presumption as to genuineness of certified copies.

Section 79

Presumption as to documents produced as record of evidence, etc.

Section 80

Presumption as to Gazettes, newspapers, and other documents.

Section 81

Presumption as to Gazettes in electronic or digital record.

Section 82

Presumption as to maps or plans made by authority of Government.

Section 83

Presumption as to collections of laws and reports of decisions.

Section 84

Presumption as to powers-of-attorney.

Section 85

Presumption as to electronic agreements.

Section 86

Presumption as to electronic records and electronic signatures.

Section 87

Presumption as to Electronic Signature Certificates.

Section 88

Presumption as to certified copies of foreign judicial records.

Section 89

Presumption as to books, maps and charts.

Section 90

Presumption as to electronic messages.

Section 92

Presumption as to documents thirty years old.

Section 93

Presumption as to electronic records five years old.

OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Section 94 to Section 103

Section 94

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

Section 95

Exclusion of evidence of oral agreement.

Section 96

Exclusion of evidence to explain or amend ambiguous document.

Section 97

Exclusion of evidence against application of document to existing facts.

Section 98

Evidence as to document unmeaning in reference to existing facts.

Section 99

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

Section 100

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

Section 101

Evidence as to meaning of illegible characters, etc.

Section 102

Who may give evidence of agreement varying terms of document.

Section 103

Saving of provisions of Indian Succession Act relating to wills.

OF THE BURDEN OF PROOF

Section 104 to Section 120

Section 104

Burden of proof.

Section 105

On whom burden of proof lies.

Section 106

Burden of proof as to particular fact.

Section 107

Burden of proving fact to be proved to make evidence admissible.

Section 108

Burden of proving that case of accused comes within exceptions.

Section 109

Burden of proving fact especially within knowledge.

Section 110

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

Section 111

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

Section 112

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

Section 113

Burden of proof as to ownership.

Section 114

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

Section 115

Presumption as to certain offences.

Section 116

Birth during marriage, conclusive proof of legitimacy.

Section 117

Presumption as to abetment of suicide by a married woman.

Section 118

Presumption as to dowry death.

Section 119

Court may presume existence of certain facts.

Section 120

Presumption as to absence of consent in certain prosecution for rape.

ESTOPPEL

Section 121 to Section 123

Section 121

Estoppel.

Section 122

Estoppel of tenant and of licensee of person in possession.

Section 123

Estoppel of acceptor of bill of exchange, bailee or licensee.

OF WITNESSES

Section 124 to Section 139

Section 124

Who may testify.

Section 125

Witness unable to communicate verbally.

Section 126

Competency of husband and wife as witnesses in certain cases.

Section 127

Judges and Magistrates.

Section 128

Communications during marriage.

Section 129

Evidence as to affairs of State.

Section 130

Official communications.

Section 131

Information as to commission of offences.

Section 132

Professional communications.

Section 133

Privilege not waived by volunteering evidence.

Section 134

Confidential communication with legal advisers.

Section 135

Production of title-deeds of witness not a party.

Section 136

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

Section 137

Witness not excused from answering on ground that answer will criminate.

Section 138

Accomplice.

Section 139

Number of witnesses.

OF EXAMINATION OF WITNESSES

Section 140 to Section 168

Section 140

Order of production and examination of witnesses.

Section 141

Judge to decide as to admissibility of evidence.

Section 142

Examination of witnesses.

Section 143

Order of examinations.

Section 144

Cross examination of person called to produce a document.

Section 145

Witnesses to character.

Section 146

Leading questions.

Section 147

Evidence as to matters in writing.

Section 148

Cross examination as to previous statements in writing.

Section 149

Questions lawful in cross examination.

Section 150

When witness to be compelled to answer.

Section 151

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

Section 152

Question not to be asked without reasonable grounds.

Section 153

Procedure of Court in case of question being asked without reasonable grounds.

Section 154

Indecent and scandalous questions.

Section 155

Questions intended to insult or annoy.

Section 156

Exclusion of evidence to contradict answers to questions testing veracity.

Section 157

Question by party to his own witness.

Section 158

Impeaching credit of witness.

Section 159

Questions tending to corroborate evidence of relevant fact, admissible.

Section 160

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

Section 161

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

Section 162

Refreshing memory.

Section 163

Testimony to facts stated in document mentioned in section 162.

Section 164

Right of adverse party as to writing used to refresh memory.

Section 165

Production of documents.

Section 166

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

Section 167

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

Section 168

Judge's power to put questions or order production.

OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

Section 169

No new trial for improper admission or rejection of evidence.

REPEAL AND SAVINGS

Section 170

Repeal and savings.