Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Act No. 47 of 2023 - India's law governing the general rules and principles of evidence for fair trial. The Act received assent on 25 December 2023 and came into force on 1 July 2024.

170 SectionsEffective: 1 July 2024Evidence LawElectronic & Digital Records

About the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 consolidates the rules and principles of evidence applicable to judicial proceedings in India. It addresses relevancy of facts, admissions and confessions, oral and documentary evidence, electronic and digital records, burden of proof, estoppel, witnesses and examination of witnesses.

Section 170 contains the repeal and savings provision. For authoritative text, commencement notifications and later updates, readers should verify the official Government sources linked on this page.

Browse Sections 1�170 Official Government Links

BSA 2023: Section-wise Index

Select a section to open the detailed page.

PART I CHAPTER I PRELIMINARY

Section 1 Short title, application and commencement Section 2 Definitions

PART II CHAPTER II RELEVANCY OF FACTS

Section 3 Evidence may be given of facts in issue and relevant facts

Closely connected 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

Admissions

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

Statements by persons who cannot be called as witnesses

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

Statements made under special circumstances

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

How much of a statement is to be proved

Section 33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

Judgments of Courts when relevant

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

Opinions of third persons when relevant

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

Character 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

PART III ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED

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 OF DOCUMENTARY EVIDENCE

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

Public documents

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

Presumptions as to 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 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

PART IV PRODUCTION AND EFFECT OF EVIDENCE

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, 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

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, 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

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 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

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