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Chapter 6 - OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE, ,...

 


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

Bharatiya Sakshya Adhiniyam (BSA), 2023

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

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Chapter 5 - OF DOCUMENTARY EVIDENCE (Section 56 to 93), Bharatiya Sakshy...

 

Chapter V - OF DOCUMENTARY EVIDENCE

Bharatiya Sakshya Adhiniyam (BSA), 2023


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

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Chapter 4 - OF ORAL EVIDENCE (Section 54, 55), Bharatiya Sakshya Adhiniy...

 

Bharatiya Sakshya Adhiniyam (BSA), 2023

Chapter IV - OF ORAL EVIDENCE


Section 54 - Proof of facts by oral evidence

Section 55 - Oral evidence to be direct

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Chapter 3 - FACTS WHICH NEED NOT BE PROVED (Section 51-53), Bharatiya Sa...

 

Chapter 3 - FACTS WHICH NEED NOT BE PROVED


Bharatiya Sakshya Adhiniyam (BSA), 2023


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

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Chapter 2 - RELEVANCY OF FACTS (Section 3 to 50), Bharatiya Sakshya Adhi...

 

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 Courttodetermine amount are relevant insuitsfordamages

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 -Casesin which statement of relevant fact by person who isdead 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 aconversation, 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

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Chapter 1, PRELIMINARY, Bharatiya Sakshya Adhiniyam (BSA), 2023

 

 Preamble


Chapter I - PRELIMINARY


Section 1 - Short title, application and commencements

Section 2 - Definitions

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CHAPTER 20 - REPEAL AND SAVINGS, Bharatiya Nyaya Sanhita, 2023 (BNS Act)

 

CHAPTER 20 - REPEAL AND SAVINGS

Bharatiya Nyaya Sanhita, 2023 (BNS Act) 

Section 358 - Repeal and savings.

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CHAPTER 19 - OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC

 

Bharatiya Nyaya Sanhita, 2023 (BNS Act)

Section 351 - Criminal intimidation.

Section 352 - Intentional insult with intent to provoke breach of peace.

Section 353 - Statements conducing to public mischief.

Section 354 - Act caused by inducing person to believe that he will be rendered an object of Divine displeasure.

Section 355 - Misconduct in public by a drunken person.

Of defamation

Section 356 - Defamation.

Of breach of contract to attend on and supply wants of helpless person

Section 357 - Breach of contract to attend on and supply wants of helpless person.

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CHAPTER 18 - OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

 

Bharatiya Nyaya Sanhita, 2023 (BNS Act)

 

Section 335 - Making a false document.

Section 336 - Forgery.

Section 337 - Forgery of record of Court or of public register, etc.

Section 338 - Forgery of valuable security, will, etc.

Section 339 - Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine.

Section 340 - Forged document or electronic record and using it as genuine.

Section 341 - Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338.

Section 342 - Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material.

Section 343 - Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.

Section 344 - Falsification of accounts.

Of property marks

Section 345 - Property mark.

Section 346 - Tampering with property mark with intent to cause injury.

Section 347 - Counterfeiting a property mark.

Section 348 - Making or possession of any instrument for counterfeiting a property mark.

Section 349 - Selling goods marked with a counterfeit property mark.

Section 350 - Making a false mark upon any receptacle containing goods. 

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