| 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 |