The Bharatiya Sakshya Adhiniyam,2023

The Bharatiya Sakshya Adhiniyam,2023

[No. 47 of 2023]

[25th December, 2023.]

Contents
The Bharatiya Sakshya Adhiniyam,2023
Sections	Particulars
Part I
Chapter I	Preliminary
1.	Short title, application and commencement
2.	Definitions
Part II
Chapter II	Relevancy of Facts
3.	Evidence may be given of facts in issue and relevant facts
4.	Relevancy of facts forming part of same transaction
5.	Facts which are occasion, cause or effect of facts in issue or relevant facts
6.	Motive, Preparation and previous or subsequent conduct
7.	Facts necessary to explain or introduce fact in issue or relevant facts
8.	Things said or done by conspirator in reference to common design
9.	When facts not otherwise relevant become relevant
10.	Facts tending to enable Court to determine amount are relevant in suits for damages
11.	Facts relevant when right or custom is in question
12.	Facts showing existence of state of mind, or of body or bodily feeling
13.	Facts bearing on question whether act was accidental or intentional
14.	Existence of course of business when relevant
15.	Admission defined
16.	Admission by party to proceeding or his agent
17.	Admissions by persons whose position must be proved as against party to suit
18.	Admissions by persons expressly referred to by party to suit
19.	Proof of admissions against persons making them, and by or on their behalf
20.	When oral admissions as to contents of documents are relevant
21.	Admissions in civil cases when relevant
22.	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
23.	Confession to police officer
24.	Consideration of proved confession affecting person making it and others jointly under trial for same offence
25.	Admissions not conclusive proof, but may estop
26.	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
27.	Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
28.	Entries in books of account when relevant
29.	Relevancy of entry in public record or an electronic record made in performance of duty
30.	Relevancy of statements in maps, charts and plans
31.	Relevancy of statement as to fact of public nature contained in certain Acts or notifications
32.	Relevancy of statements as to any law contained in law books including electronic or digital form
33.	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
34.	Previous judgments relevant to bar a second suit or trial
35.	Relevancy of certain judgments in probate, etc., jurisdiction
36.	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
37.	Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
38.	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
39.	Opinions of experts
40.	Facts bearing upon opinions of experts
41.	Opinion as to handwriting and signature, when relevant
42.	Opinion as to existence of general custom or right, when relevant
43.	Opinion as to usages, tenets, etc., when relevant
44.	Opinion on relationship, when relevant
45.	Grounds of opinion, when relevant
46.	In civil cases character to prove conduct imputed, irrelevant
47.	In criminal cases previous good character relevant
48.	Evidence of character or previous sexual experience not relevant in certain cases
49.	Previous bad character not relevant, except in reply
50.	Character as Affecting damages
Part III	On Proof
Chapter III	Facts which need not be Proved
51.	Fact judicially noticeable need not be proved
52.	Facts of which Court shall take judicial notice
53.	Facts admitted need not be proved
Chapter IV	Of Oral Evidence
54.	Proof of facts by oral evidence
55.	Oral evidence to be direct
Chapter V	Of Documentary Evidence
56.	Proof of contents of documents
57.	Primary Evidence
58.	Secondary Evidence
59.	Proof of documents by primary evidence
60.	Cases in which secondary evidence relating to documents may be given
61.	Electronic or digital record
62.	Special provisions as to evidence relating to electronic record
63.	Admissibility of electronic records
64.	Rules as to notice to produce
65.	Proof of signature and handwriting of person alleged to have signed or written document produced
66.	Proof as to Electronic signature
67.	Proof of execution of document required by law to be attested
68.	Proof where no attesting witness found
69.	Admission of execution by party to attested document
70.	Proof when Attesting witness denies execution
71.	Proof of document not required by law to be attested
72.	Comparison of signature, writing or seal with others admitted or proved
73.	Proof as to verification of digital signature
74.	Public and private documents
75.	Certified copies of public documents
76.	Proof of documents by production of certified copies
77.	Proof of other official documents
78.	Presumption as to genuineness of certified copies
79.	Presumption as to documents produced as record of evidence, etc
80.	Presumption as to Gazettes, newspapers, and other documents
81.	Presumption as to Gazettes in electronic or digital record
82.	Presumption as to maps or plans made by authority of Government
83.	Presumption as to collections of laws and reports of decisions
84.	Presumption as to powersof-attorney
85.	Presumption as to electronic agreements
86.	Presumption as to electronic records and electronic signatures
87.	Presumption as to Electronic Signature Certificates
88.	Presumption as to certified copies of foreign judicial records
89.	Presumption as to books, maps and charts
90.	Presumption as to electronic messages
91.	Presumption as to due execution, etc., of documents not produced
92.	Presumption as to documents thirty years old
93.	Presumption as to electronic records five years old
Chapter VI	Of The Exclusion of Oral Evidence by Documentary Evidence
94.	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
95.	Exclusion of evidence of oral agreement
96.	Exclusion of evidence to explain or amend ambiguous document
97.	Exclusion of Evidence against application of document to existing facts
98.	Evidence as to document unmeaning in reference to existing facts
99.	Evidence as to application of language which can apply to one only of several persons
100.	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
101.	Evidence as to meaning of illegible characters, etc
102.	Who may give evidence of agreement varying terms of document
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
104.	Burden of proof
105.	On whom burden of proof lies
106.	Burden of proof as to particular fact
107.	Burden of proving fact to be proved to make evidence admissible
108.	Burden of proving that case of accused comes within exceptions
109.	Burden of proving fact especially within knowledge
110.	Burden of proving death of person known to have been alive within thirty years
111.	Burden of proving that person is alive who has not been heard of for seven years
112.	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
113.	Burden of proof as to ownership
114.	Proof of good faith in transactions where one party is in relation of active confidence
115.	Presumption as to certain offences
116.	Birth during marriage, conclusive proof of legitimacy
117.	Presumption as to abetment of suicide by a married woman
118.	Presumption as to dowry death
119.	Court may Presume existence of certain facts
120.	Presumption as to absence of consent in certain prosecution for rape
Chapter VIII	Estoppel
121.	Estoppel
122.	Estoppel of tenant and of licensee of person in possession
123.	Estoppel of acceptor of bill of exchange, bailee or licensee
Chapter IX	Of Witnesses
124.	Who may testify
125.	Witness unable to communicate verbally
126.	Competency of husband and wife as witnesses in certain cases
127.	Judges and Magistrates
128.	Communications During marriage
129.	Evidence as to affairs of State
130.	Official communications
131.	Information as to commission of offences
132.	Professional communications
133.	Privilege not waived by volunteering evidence
134.	Confidential communication with legal advisers
135.	Production of title-deeds of witness not a party
136.	Production of documents or electronic records which another person, having possession, could refuse to produce
137.	Witness not excused from answering on ground that answer will criminate
138.	Accomplice
139.	Number of witnesses
Chapter X	Of Examination of Witnesses
140.	Order of production and examination of witnesses
141.	Judge to decide as to admissibility of evidence
142.	Examination of witnesses
143.	Order of examinations
144.	Cross-examination of person called to produce a document
145.	Witnesses to character
146.	Leading questions
147.	Evidence as to matters in writing
148.	Cross-examination as to previous statements in writing
149.	Questions lawful in cross-examination
150.	When witness to be compelled to answer
151.	Court to decide when question shall be asked and when witness compelled to answer
152.	Question not to be asked without reasonable grounds
153.	Procedure of Court in case of question being asked without reasonable grounds
154.	Indecent and scandalous questions
155.	Questions intended to insult or annoy
156.	Exclusion of evidence to contradict answers to questions testing veracity
157.	Question by party to his own witness
158.	Impeaching credit of witness
159.	Questions tending to corroborate evidence of relevant fact, admissible
160.	Former statements of witness may be proved to corroborate later testimony as to same fact
161.	What matters may be proved in connection with proved statement relevant under section 26 or 27
162.	Refreshing memory
163.	Testimony to facts stated in document mentioned in section 162
164.	Right of adverse party as to writing used to refresh memory
165.	Production of documents
166.	Giving, as evidence, of document called for and produced on notice
167.	Using, as evidence, of document production of which was refused on notice
168.	Judge’s power to put questions or order production
Chapter XI	Of Improper Admission and Rejection of Evidence
169.	No new trial for improper admission or rejection of evidence
Chapter XII	Repeal and Savings
170.	Repeal and savings
The Schedule	Certificate

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