Bharatiya Sakshya Adhiniyam, 2023, section by section

Every section with its Indian Evidence Act, 1872 counterpart, from the official correspondence tables. Open one for both texts and what changed.

• 1Short title, application and commencement← IEA 1
• 2Definitions← IEA 3, IEA 4
• 3Evidence may be given of facts in issue and relevant facts← IEA 5
• 4Relevancy of facts forming part of same transaction← IEA 6
• 5Facts which are occasion, cause or effect of facts in issue or relevant facts← IEA 7
• 6Motive, preparation and previous or subsequent conduct← IEA 8
• 7Facts necessary to explain or introduce fact in issue or relevant facts← IEA 9
• 8Things said or done by conspirator in reference to common design← IEA 10
• 9When facts not otherwise relevant become relevant← IEA 11
• 10Facts tending to enable Court to determine amount are relevant in suits for damages← IEA 12
• 11Facts relevant when right or custom is in question← IEA 13
• 12Facts showing existence of state of mind, or of body or bodily feeling← IEA 14
• 13Facts bearing on question whether act was accidental or intentional← IEA 15
• 14Existence of course of business when relevant← IEA 16
• 15Admission defined← IEA 17
• 16Admission by party to proceeding or his agent← IEA 18
• 17Admissions by persons whose position must be proved as against party to suit← IEA 19
• 18Admissions by persons expressly referred to by party to suit← IEA 20
• 19Proof of admissions against persons making them, and by or on their behalf← IEA 21
• 20When oral admissions as to contents of documents are relevant← IEA 22
• 21Admissions in civil cases when relevant← IEA 23
• 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding← IEA 24, IEA 28, IEA 29
• 23Confession to police officer← IEA 25, IEA 26, IEA 27
• 24Consideration of proved confession affecting person making it and others jointly under trial for same offence← IEA 30
• 25Admissions not conclusive proof, but may estop← IEA 31
• 26Statements by persons who cannot be called as witnesses Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant← IEA 32
• 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated← IEA 33
• 28Statements made under special circumstances Entries in books of account when relevant← IEA 34
• 29Relevancy of entry in public record or an electronic record made in performance of duty← IEA 35
• 30Relevancy of statements in maps, charts and plans← IEA 36
• 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications← IEA 37
• 32Relevancy of statements as to any law contained in law books including electronic or digital form← IEA 38
• 33How much of a statement is to be proved What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers← IEA 39
• 34Judgments of Courts when relevant Previous judgments relevant to bar a second suit or trial← IEA 40
• 35Relevancy of certain judgments in probate, etc., jurisdiction← IEA 41
• 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35← IEA 42
• 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant← IEA 43
• 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved← IEA 44
• 39Opinions of third persons when relevant Opinions of experts← IEA 45, IEA 45A
• 40Facts bearing upon opinions of experts← IEA 46
• 41Opinion as to handwriting and signature, when relevant← IEA 47, IEA 47A
• 42Opinion as to existence of general custom or right, when relevant← IEA 48
• 43Opinion as to usages, tenets, etc., when relevant← IEA 49
• 44Opinion on relationship, when relevant← IEA 50
• 45Grounds of opinion, when relevant← IEA 51
• 46Character when relevant In civil cases character to prove conduct imputed, irrelevant← IEA 52
• 47In criminal cases previous good character relevant← IEA 53
• 48Evidence of character or previous sexual experience not relevant in certain cases← IEA 53A
• 49Previous bad character not relevant, except in reply← IEA 54
• 50Character as affecting damages← IEA 55
• 51Fact judicially noticeable need not be proved← IEA 56
• 52Facts of which Court shall take judicial notice← IEA 57
• 53Facts admitted need not be proved← IEA 58
• 54Proof of facts by oral evidence← IEA 59
• 55Oral evidence to be direct← IEA 60
• 56Proof of contents of documents← IEA 61
• 57Primary evidence← IEA 62
• 58Secondary evidence← IEA 63
• 59Proof of documents by primary evidence← IEA 64
• 60Cases in which secondary evidence relating to documents may be given← IEA 65
• 61Electronic or digital recordnew
• 62Special provisions as to evidence relating to electronic record← IEA 65A
• 63Admissibility of electronic records← IEA 65B
• 64Rules as to notice to produce← IEA 66
• 65Proof of signature and handwriting of person alleged to have signed or written document Produced← IEA 67
• 66Proof as to electronic signature← IEA 67A
• 67Proof of execution of document required by law to be attested← IEA 68
• 68Proof where no attesting witness found← IEA 69
• 69Admission of execution by party to attested document← IEA 70
• 70Proof when attesting witness denies execution← IEA 71
• 71Proof of document not required by law to be attested← IEA 72
• 72Comparison of signature, writing or seal with others admitted or proved← IEA 73
• 73Proof as to verification of digital signature← IEA 73A
• 74Public documents Public and private documents← IEA 74, IEA 75
• 75Certified copies of public documents← IEA 76
• 76Proof of documents by production of certified copies← IEA 77
• 77Proof of other official documents← IEA 78
• 78Presumptions as to documents Presumption as to genuineness of certified copies← IEA 79
• 79Presumption as to documents produced as record of evidence, etc← IEA 80
• 80Presumption as to Gazettes, newspapers, and other documents← IEA 81
• 81Presumption as to Gazettes in electronic or digital record← IEA 81A
• 82Presumption as to maps or plans made by authority of Government← IEA 83
• 83Presumption as to collections of laws and reports of decisions← IEA 84
• 84Presumption as to powers-of-attorney← IEA 85
• 85Presumption as to electronic agreements← IEA 85A
• 86Presumption as to electronic records and electronic signatures← IEA 85B
• 87Presumption as to Electronic Signature Certificates← IEA 85C
• 88Presumption as to certified copies of foreign judicial records← IEA 86
• 89Presumption as to books, maps and charts← IEA 87
• 90Presumption as to electronic messages← IEA 88A
• 91Presumption as to due execution, etc., of documents not produced← IEA 89
• 92Presumption as to documents thirty years old← IEA 90
• 93Presumption as to electronic records five years old← IEA 90A
• 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document← IEA 91
• 95Exclusion of evidence of oral agreement← IEA 92
• 96Exclusion of evidence to explain or amend ambiguous document← IEA 93
• 97Exclusion of evidence against application of document to existing facts← IEA 94
• 98Evidence as to document unmeaning in reference to existing facts← IEA 95
• 99Evidence as to application of language which can apply to one only of several persons← IEA 96
• 100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies← IEA 97
• 101Evidence as to meaning of illegible characters, etc← IEA 98
• 102Who may give evidence of agreement varying terms of document← IEA 99
• 103Saving of provisions of Indian Succession Act relating to wills← IEA 100
• 104Burden of proof← IEA 101
• 105On whom burden of proof lies← IEA 102
• 106Burden of proof as to particular fact← IEA 103
• 107Burden of proving fact to be proved to make evidence admissible← IEA 104
• 108Burden of proving that case of accused comes within exceptions← IEA 105
• 109Burden of proving fact especially within knowledge← IEA 106
• 110Burden of proving death of person known to have been alive within thirty years← IEA 107
• 111Burden of proving that person is alive who has not been heard of for seven years← IEA 108
• 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent← IEA 109
• 113Burden of proof as to ownership← IEA 110
• 114Proof of good faith in transactions where one party is in relation of active confidence← IEA 111
• 115Presumption as to certain offences← IEA 111A
• 116Birth during marriage, conclusive proof of legitimacy← IEA 112
• 117Presumption as to abetment of suicide by a married woman← IEA 113A
• 118Presumption as to dowry death← IEA 113B
• 119Court may presume existence of certain facts← IEA 114
• 120Presumption as to absence of consent in certain prosecution for rape← IEA 114A
• 121Estoppel← IEA 115
• 122Estoppel of tenant and of licensee of person in possession← IEA 116
• 123Estoppel of acceptor of bill of exchange, bailee or licensee← IEA 117
• 124Who may testify← IEA 118
• 125Witness unable to communicate verbally← IEA 119
• 126Competency of husband and wife as witnesses in certain cases← IEA 120
• 127Judges and Magistrates← IEA 121
• 128Communications during marriage← IEA 122
• 129Evidence as to affairs of State← IEA 123
• 130Official communications← IEA 124
• 131Information as to commission of offences← IEA 125
• 132Professional communications← IEA 126, IEA 127
• 133Privilege not waived by volunteering evidence← IEA 128
• 134Confidential communication with legal advisers← IEA 129
• 135Production of title-deeds of witness not a party← IEA 130
• 136Production of documents or electronic records which another person, having possession, could refuse to produce← IEA 131
• 137Witness not excused from answering on ground that answer will criminate← IEA 132
• 138Accomplice← IEA 133
• 139Number of witnesses← IEA 134
• 140Order of production and examination of witnesses← IEA 135
• 141Judge to decide as to admissibility of evidence← IEA 136
• 142Examination of witnesses← IEA 137
• 143Order of examinations← IEA 138
• 144Cross-examination of person called to produce a document← IEA 139
• 145Witnesses to character← IEA 140
• 146Leading questions← IEA 141, IEA 142, IEA 143
• 147Evidence as to matters in writing← IEA 144
• 148Cross-examination as to previous statements in writing← IEA 145
• 149Questions lawful in cross-examination← IEA 146
• 150When witness to be compelled to answer← IEA 147
• 151Court to decide when question shall be asked and when witness compelled to answer← IEA 148
• 152Question not to be asked without reasonable grounds← IEA 149
• 153Procedure of Court in case of question being asked without reasonable grounds← IEA 150
• 154Indecent and scandalous questions← IEA 151
• 155Questions intended to insult or annoy← IEA 152
• 156Exclusion of evidence to contradict answers to questions testing veracity← IEA 153
• 157Question by party to his own witness← IEA 154
• 158Impeaching credit of witness← IEA 155
• 159Questions tending to corroborate evidence of relevant fact, admissible← IEA 156
• 160Former statements of witness may be proved to corroborate later testimony as to same fact← IEA 157
• 161What matters may be proved in connection with proved statement relevant under section 26 or 27← IEA 158
• 162Refreshing memory← IEA 159
• 163Testimony to facts stated in document mentioned in section 162← IEA 160
• 164Right of adverse party as to writing used to refresh memory← IEA 161
• 165Production of documents← IEA 162
• 166Giving, as evidence, of document called for and produced on notice← IEA 163
• 167Using, as evidence, of document production of which was refused on notice← IEA 164
• 168Judge's power to put questions or order production← IEA 165
• 169No new trial for improper admission or rejection of evidence← IEA 167
• 170Repeal and savingsnew