CHAPTER 1 to 12, Section 1 to 170, Bharatiya Sakshya Adhiniyam, 2023-2024

 

Preamble - THE BHARATIYA SAKSHYA ADHINIYAM, 2023-2024

Part I

Chapter I - PRELIMINARY

Section 1 - Short title, application and commencements

Section 2 - Definitions

Part II - PART II

Chapter II - RELEVANCY OF FACTS

Section 3 - Evidence may be given of facts in issue and relevant facts

Section 4 to 14 - Closely connected facts

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

Section 15 to 25 - Admissions

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

Section 26 to 27 - Statements by persons who cannot be called as witnesses

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

Section 28 to 32 - Statements made under special circumstances

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

Section 33 to 33 - 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.

Section 34 to 38 - Judgments of Courts when relevant

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

Section 39 to 45 - Opinions of third persons when relevant

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

Section 46 to 50 - Character when relevant

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

Part III - ON PROOF

Chapter III - FACTS WHICH NEED NOT BE PROVED

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

Chapter IV - OF ORAL EVIDENCE

Section 54 - Proof of facts by oral evidence

Section 55 - Oral evidence to be direct

Chapter V - OF DOCUMENTARY EVIDENCE

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 may be 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

Section 74 to 77 - Public documents

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

Section 78 to 93 - Presumptions as to documents

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

Section 92 - Presumption as to documents thirty years old

Section 93 - Presumption as to electronic records five years old

Chapter VI - OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

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

Part IV - PRODUCTION AND EFFECT OF EVIDENCE

Chapter VII - OF THE BURDEN OF PROOF

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

Chapter VIII - ESTOPPEL

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

Chapter IX - OF WITNESSES

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

Chapter X - OF EXAMINATION OF WITNESSES

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

Chapter XI - OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

Section 169 - No new trial for improper admission or rejection of evidence

Chapter XII - REPEAL AND SAVINGS

Section 170 - Repeal and savings