Vidhi Codex

The Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023

Criminal2023170 sections12 chapters

The Bharatiya Sakshya Adhiniyam, 2023, is India’s primary law governing evidence in legal trials. It regulates what facts are considered relevant, how witnesses are examined, and who holds the burden of proof. The law applies to all judicial proceedings in Indian courts and courts-martial, though it excludes private arbitration and affidavits. It matters significantly because it replaces the colonial-era Indian Evidence Act of 1872, modernizing the legal system to reflect contemporary and digital needs. Most importantly, it treats electronic and digital records—such as emails and smartphone messages—as primary evidence, ensuring justice stays relevant in our digital world.

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Chapter I PRELIMINARY →

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

Chapter II RELEVANCY OF FACTS →

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

Chapter III FACTS WHICH NEED NOT BE PROVED →

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

Chapter IV OF ORAL EVIDENCE →

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

Chapter V OF DOCUMENTARY EVIDENCE →

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

Chapter VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE →

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

Chapter VII OF THE BURDEN OF PROOF →

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

Chapter VIII ESTOPPEL →

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

Chapter IX OF WITNESSES →

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

Chapter X OF EXAMINATION OF WITNESSES →

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

Chapter XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE →

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

Chapter XII REPEAL AND SAVINGS →

  1. 170Repeal and savings

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