Bharatiya Sakshya Adhiniyam, 2023

Chapter: I
PRELIMINARY
Section 1	:	Short title, application and commencement
Section 2	:	Definitions
Chapter: II
RELEVANCY OF FACTS
Section 3	:	Evidence may be given of facts in issue and relevant facts.
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.
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
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
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.
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	:	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	:	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	:	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
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
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
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
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
Schedule
SCHEDULE	:	CERTIFICATE