The Bharatiya Sakshya Adhiniyam, 2023
BSA · 2023
Ch. I · PRELIMINARY
Ch. II · RELEVANCY OF FACTS
- §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 proceeding
- §23Confession to police officer
- §24Consideration of proved confession affecting person making it and others jointly under trial for same offence
- §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 relevant
- §27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- §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 notifications
- §32Relevancy of statements as to any law contained in law books including electronic or digital form
- §33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- §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 section 35
- §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
Ch. III · FACTS WHICH NEED NOT BE PROVED
Ch. IV · OF ORAL EVIDENCE
Ch. V · OF DOCUMENTARY EVIDENCE
- §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 produced
- §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
Ch. VI · OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
- §94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- §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 whole correctly applies
- §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
Ch. VII · OF THE BURDEN OF PROOF
- §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 and agent
- §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
Ch. VIII · ESTOPPEL
Ch. IX · OF WITNESSES
- §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, could refuse to produce
- §137Witness not excused from answering on ground that answer will criminate
- §138Accomplice
- §139Number of witnesses
Ch. X · OF EXAMINATION OF WITNESSES
- §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 answer
- §152Question not to be asked without reasonable grounds
- §153Procedure of Court in case of question being asked without reasonable grounds
- §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 same fact
- §161What matters may be proved in connection with proved statement relevant under section 26 or 27
- §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 notice
- §168Judge's power to put questions or order production