VidhiSangh

Bare Act · 170 sections

Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Chapter I — Preliminary

  1. 1. Short title, application and commencement
  2. 2. Definitions

Chapter II — Relevancy of Facts

  1. 3. Evidence may be given of facts in issue and relevant facts
  2. 4. Relevancy of facts forming part of same transaction
  3. 5. Facts which are occasion, cause or effect of facts in issue or relevant facts
  4. 6. Motive, preparation and previous or subsequent conduct
  5. 7. Facts necessary to explain or introduce fact in issue or relevant facts
  6. 8. Things said or done by conspirator in reference to common design
  7. 9. When facts not otherwise relevant become relevant
  8. 10. Facts tending to enable Court to determine amount are relevant in suits for damages
  9. 11. Facts relevant when right or custom is in question
  10. 12. Facts showing existence of state of mind, or of body or bodily feeling
  11. 13. Facts bearing on question whether act was accidental or intentional
  12. 14. Existence of course of business when relevant
  13. 15. Admission defined
  14. 16. Admission by party to proceeding or his agent
  15. 17. Admissions by persons whose position must be proved as against party to suit
  16. 18. Admissions by persons expressly referred to by party to suit
  17. 19. Proof of admissions against persons making them, and by or on their behalf
  18. 20. When oral admissions as to contents of documents are relevant
  19. 21. Admissions in civil cases when relevant
  20. 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
  21. 23. Confession to police officer
  22. 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence
  23. 25. Admissions not conclusive proof, but may estop
  24. 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  25. 27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
  26. 28. Entries in books of account when relevant
  27. 29. Relevancy of entry in public record or an electronic record made in performance of duty
  28. 30. Relevancy of statements in maps, charts and plans
  29. 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  30. 32. Relevancy of statements as to any law contained in law books including electronic or digital form
  31. 33. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  32. 34. Previous judgments relevant to bar a second suit or trial
  33. 35. Relevancy of certain judgments in probate, etc., jurisdiction
  34. 36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
  35. 37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
  36. 38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  37. 39. Opinions of experts
  38. 40. Facts bearing upon opinions of experts
  39. 41. Opinion as to handwriting and signature, when relevant
  40. 42. Opinion as to existence of general custom or right, when relevant
  41. 43. Opinion as to usages, tenets, etc., when relevant
  42. 44. Opinion on relationship, when relevant
  43. 45. Grounds of opinion, when relevant
  44. 46. In civil cases character to prove conduct imputed, irrelevant
  45. 47. In criminal cases previous good character relevant
  46. 48. Evidence of character or previous sexual experience not relevant in certain cases
  47. 49. Previous bad character not relevant, except in reply
  48. 50. Character as affecting damages

Chapter III — Facts Which Need Not Be Proved

  1. 51. Fact judicially noticeable need not be proved
  2. 52. Facts of which Court shall take judicial notice
  3. 53. Facts admitted need not be proved

Chapter IV — Of Oral Evidence

  1. 54. Proof of facts by oral evidence
  2. 55. Oral evidence to be direct

Chapter V — Of Documentary Evidence

  1. 56. Proof of contents of documents
  2. 57. Primary evidence
  3. 58. Secondary evidence
  4. 59. Proof of documents by primary evidence
  5. 60. Cases in which secondary evidence relating to documents may be given
  6. 61. Electronic or digital record. or such as
  7. 62. Special provisions as to evidence relating to electronic record
  8. 63. Admissibility of electronic records
  9. 64. Rules as to notice to produce
  10. 65. Proof of signature and handwriting of person alleged to have signed or written document produced
  11. 66. Proof as to electronic signature
  12. 67. Proof of execution of document required by law to be attested
  13. 68. Proof where no attesting witness found
  14. 69. Admission of execution by party to attested document
  15. 70. Proof when attesting witness denies execution
  16. 71. Proof of document not required by law to be attested
  17. 72. Comparison of signature, writing or seal with others admitted or proved
  18. 73. Proof as to verification of digital signature
  19. 74. Public and private documents
  20. 75. Certified copies of public documents
  21. 76. Proof of documents by production of certified copies
  22. 77. Proof of other official documents
  23. 78. Presumption as to genuineness of certified copies
  24. 79. Presumption as to documents produced as record of evidence, etc
  25. 80. Presumption as to Gazettes, newspapers, and other documents
  26. 81. Presumption as to Gazettes in electronic or digital record
  27. 82. Presumption as to maps or plans made by authority of Government
  28. 83. Presumption as to collections of laws and reports of decisions
  29. 84. Presumption as to powers- of-attorney
  30. 85. Presumption as to electronic agreements
  31. 86. Presumption as to electronic records and electronic signatures
  32. 87. Presumption as to Electronic Signature Certificates
  33. 88. Presumption as to certified copies of foreign judicial records
  34. 89. Presumption as to books, maps and charts
  35. 90. Presumption as to electronic messages
  36. 91. Presumption as to due execution, etc., of documents not produced
  37. 92. Presumption as to documents thirty years old
  38. 93. Presumption as to electronic records five years old

Chapter VI — Of the Exclusion of Oral Evidence by Documentary Evidence

  1. 94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
  2. 95. Exclusion of evidence of oral agreement
  3. 96. Exclusion of evidence to explain or amend ambiguous document
  4. 97. Exclusion of evidence against application of document to existing facts
  5. 98. Evidence as to document unmeaning in reference to existing facts
  6. 99. Evidence as to application of language which can apply to one only of several persons
  7. 100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
  8. 101. Evidence as to meaning of illegible characters, etc
  9. 102. Who may give evidence of agreement varying terms of document
  10. 103. Saving of provisions of Indian Succession Act relating to wills

Chapter VII — Of the Burden of Proof

  1. 104. Burden of proof
  2. 105. On whom burden of proof lies
  3. 106. Burden of proof as to particular fact
  4. 107. Burden of proving fact to be proved to make evidence admissible
  5. 108. Burden of proving that case of accused comes within exceptions
  6. 109. Burden of proving fact especially within knowledge
  7. 110. Burden of proving death of person known to have been alive within thirty years
  8. 111. Burden of proving that person is alive who has not been heard of for seven years
  9. 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  10. 113. Burden of proof as to ownership
  11. 114. Proof of good faith in transactions where one party is in relation of active confidence
  12. 115. Presumption as to certain offences
  13. 116. Birth during marriage, conclusive proof of legitimacy
  14. 117. Presumption as to abetment of suicide by a married woman
  15. 118. Presumption as to dowry death
  16. 119. Court may presume existence of certain facts
  17. 120. Presumption as to absence of consent in certain prosecution for rape

Chapter VIII — Estoppel

  1. 121. Estoppel
  2. 122. Estoppel of tenant and of licensee of person in possession
  3. 123. Estoppel of acceptor of bill of exchange, bailee or licensee

Chapter IX — Of Witnesses

  1. 124. Who may testify
  2. 125. Witness unable to communicate verbally
  3. 126. Competency of husband and wife as witnesses in certain cases
  4. 127. Judges and Magistrates
  5. 128. Communications during marriage
  6. 129. Evidence as to affairs of State
  7. 130. Official communications
  8. 131. Information as to commission of offences
  9. 132. Professional communications
  10. 133. Privilege not waived by volunteering evidence
  11. 134. Confidential communication with legal advisers
  12. 135. Production of title-deeds of witness not a party
  13. 136. Production of documents or electronic records which another person, having possession, could refuse to produce
  14. 137. Witness not excused from answering on ground that answer will criminate
  15. 138. Accomplice
  16. 139. Number of witnesses

Chapter X — Of Examination of Witnesses

  1. 140. Order of production and examination of witnesses
  2. 141. Judge to decide as to admissibility of evidence
  3. 142. Examination of witnesses
  4. 143. Order of examinations
  5. 144. Cross- examination of person called to produce a document
  6. 145. Witnesses to character
  7. 146. Leading questions
  8. 147. Evidence as to matters in writing
  9. 148. Cross- examination as to previous statements in writing
  10. 149. Questions lawful in cross- examination
  11. 150. When witness to be compelled to answer
  12. 151. Court to decide when question shall be asked and when witness compelled to answer
  13. 152. Question not to be asked without reasonable grounds
  14. 153. Procedure of Court in case of question being asked without reasonable grounds
  15. 154. Indecent and scandalous questions
  16. 155. Questions intended to insult or annoy
  17. 156. Exclusion of evidence to contradict answers to questions testing veracity
  18. 157. Question by party to his own witness
  19. 158. Impeaching credit of witness
  20. 159. Questions tending to corroborate evidence of relevant fact, admissible
  21. 160. Former statements of witness may be proved to corroborate later testimony as to same fact
  22. 161. What matters may be proved in connection with proved statement relevant under section 26 or 27
  23. 162. Refreshing memory
  24. 163. Testimony to facts stated in document mentioned in section 162
  25. 164. Right of adverse party as to writing used to refresh memory
  26. 165. Production of documents
  27. 166. Giving, as evidence, of document called for and produced on notice
  28. 167. Using, as evidence, of document production of which was refused on notice
  29. 168. Judge's power to put questions or order production

Chapter XI — Of Improper Admission and Rejection of Evidence

  1. 169. No new trial for improper admission or rejection of evidence

Chapter XII — Repeal and Savings

  1. 170. Repeal and savings

Source: official text (Ministry of Home Affairs).