भारतीय साक्ष्य अधिनियम, 2023 — Bharatiya Sakshya Adhiniyam, 2023
- Section 1 — Short title, application and commencement
- Section 2 — Definitions
- Section 3 — Evidence may be given of facts in issue and relevant 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
- 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
- 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
- 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
- Section 33 — What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- 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
- 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
- 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
- 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
- Section 54 — Proof of facts by oral evidence
- Section 55 — Oral evidence to be direct
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- Section 169 — No new trial for improper admission or rejection of evidence
- Section 170 — Repeal and savings