Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Chapter I — Preliminary

• Section 1 — Short title, application and commencement
• Section 2 — Definitions

Chapter II — Relevancy Of Facts

• 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…
• Section 23 — Confession to police officer
• Section 24 — Consideration of proved confession affecting person making it and others jointly under…
• 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,…
• Section 27 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts…
• 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…
• Section 32 — Relevancy of statements as to any law contained in law books including electronic or…
• Section 33 — What evidence to be given when statement forms part of a conversation, document,…
• 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 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

Chapter III — Facts Which Need Not Be Proved Sections

• 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

Chapter IV — Of Oral Evidence

• Section 54 — Proof of facts by oral evidence
• Section 55 — Oral evidence to be direct

Chapter V —

• 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…
• 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

Chapter VI — Of The Exclusion Of Oral Evidence By Documentary Evidence

• Section 94 — Evidence of terms of contracts, grants and other dispositions of property reduced to…
• 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…
• 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

Chapter VII — Of The Burden Of Proof

• 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,…
• 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

Chapter VIII — Estoppel

• 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

Chapter IX — Of Witnesses

• 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,…
• Section 137 — Witness not excused from answering on ground that answer will criminate
• Section 138 — Accomplice
• Section 139 — Number of witnesses

Chapter X — Of Examination 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…
• 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

Chapter XI — Of Improper Admission And Rejection Of Evidence

• Section 169 — No new trial for improper admission or rejection of evidence

Chapter XII — Repeal And Savings

• Section 170 — Repeal and savings