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Bar News Acts League

Bharatiya Sakshya Adhiniyam (BSA), 2023

Act ID: 2023

Bharatiya Sakshya Adhiniyam (BSA), 2023

"Replaces the Indian Evidence Act, 1872. It consolidates and provides for the general rules and principles of evidence for fair trial."

Table of Contents

170 Sections

Ch. I

Preliminary

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

Ch. I

IOf the Relevancy of Facts

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

Ch. II

IFacts Which Need Not Be Proved

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

Ch. I

VOf Oral Evidence

S.54Proof of facts by oral evidence S.55Oral evidence must be direct

Ch. V

Of Documentary Evidence

S.56Proof of contents of documents S.57Primary evidence S.58Secondary evidence S.59Proof of documents by primary evidence S.60Cases in which secondary evidence relating to documents may be given S.61Electronic or digital record S.62Special provisions as to evidence relating to electronic record S.63Admissibility of electronic records S.64Rules as to notice to produce S.65Proof of signature and handwriting of person alleged to have signed or written document produced S.66Proof as to electronic signature S.67Proof of execution of document required by law to be attested S.68Proof where no attesting witness found S.69Admission of execution by party to attested document S.70Proof when attesting witness denies the execution S.71Proof of document not required by law to be attested S.72Comparison of signature, writing or seal with others admitted or proved S.73Proof as to verification of digital signature S.74Public documents S.75Certified copies of public documents S.76Proof of documents by production of certified copies S.77Proof of other official documents S.78Presumption as to genuineness of certified copies S.79Presumption as to documents produced as record of evidence S.80Presumption as to Gazettes, newspapers, and other documents S.81Presumption as to Gazettes in electronic or digital record S.82Presumption as to maps or plans made by authority of Government S.83Presumption as to collections of laws and reports of decisions S.84Presumption as to powers-of-attorney S.85Presumption as to electronic agreements S.86Presumption as to electronic records and electronic signatures S.87Presumption as to Electronic Signature Certificates S.88Presumption as to certified copies of foreign judicial records S.89Presumption as to books, maps and charts S.90Presumption as to electronic messages S.91Presumption as to due execution, etc., of documents not produced S.92Presumption as to documents thirty years old S.93Presumption as to electronic records five years old

Ch. V

IOf the Exclusion of Oral by Documentary Evidence

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

Ch. VI

IOf the Burden of Proof

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

Ch. VII

IEstoppel

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

Ch. I

XOf Witnesses

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

Ch. X

Of the Examination of Witnesses

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

Ch. X

IOf Improper Admission and Rejection of Evidence

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

Ch. XI

IRepeal and Savings

S.170Repeal and savings