भारतीय साक्ष्य अधिनियम, 2023

Bharatiya Sakshya Adhiniyam (BSA), 2023

भारतीय साक्ष्य अधिनियम, 2023 (Bharatiya Sakshya Adhiniyam (BSA), 2023) की सभी धाराएँ हिंदी और अंग्रेज़ी में पढ़ें। सम्पूर्ण पाठ — सरकारी राजपत्र से सत्यापित।

विवरण (Description)

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

धाराएँ / Sections (170)

धारा 1— Short title, application and commencement
धारा 10— Facts tending to enable Court to determine amount are relevant in suits for damages
धारा 100— Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
धारा 101— Evidence as to meaning of illegible characters, etc.
धारा 102— Who may give evidence of agreement varying terms of document
धारा 103— Saving of provisions of Indian Succession Act relating to wills
धारा 104— Burden of proof
धारा 105— On whom burden of proof lies
धारा 106— Burden of proof as to particular fact
धारा 107— Burden of proving fact to be proved to make evidence admissible
धारा 108— Burden of proving that case of accused comes within exceptions
धारा 109— Burden of proving fact especially within knowledge
धारा 11— Facts relevant when right or custom is in question
धारा 110— Burden of proving death of person known to have been alive within thirty years
धारा 111— Burden of proving that person is alive who has not been heard of for seven years
धारा 112— Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
धारा 113— Burden of proof as to ownership
धारा 114— Proof of good faith in transactions where one party is in relation of active confidence
धारा 115— Presumption as to certain offences
धारा 116— Birth during marriage, conclusive proof of legitimacy
धारा 117— Presumption as to abetment of suicide by a married woman
धारा 118— Presumption as to dowry death
धारा 119— Court may presume existence of certain facts
धारा 12— Facts showing existence of state of mind, or of body or bodily feeling
धारा 120— Presumption as to absence of consent in certain prosecutions for rape
धारा 121— Estoppel
धारा 122— Estoppel of tenant and of licensee of person in possession
धारा 123— Estoppel of acceptor of bill of exchange, bailee or licensee
धारा 124— Who may testify
धारा 125— Witness unable to communicate verbally
धारा 126— Competency of husband and wife as witnesses
धारा 127— Judges and Magistrates
धारा 128— Communications during marriage
धारा 129— Evidence as to affairs of State
धारा 13— Facts bearing on question whether act was accidental or intentional
धारा 130— Official communications
धारा 131— Information as to commission of offences
धारा 132— Professional communications
धारा 133— Privilege not waived by volunteering evidence
धारा 134— Confidential communication with legal advisers
धारा 135— Production of title-deeds of witness not a party
धारा 136— Production of documents or electronic records which another person, having possession, could refuse to produce
धारा 137— Witness not excused from answering on ground that answer will criminate
धारा 138— Accomplice
धारा 139— Number of witnesses
धारा 14— Existence of course of business when relevant
धारा 140— Order of production and examination of witnesses
धारा 141— Judge to decide as to admissibility of evidence
धारा 142— Examination of witnesses
धारा 143— Order of examinations
धारा 144— Cross-examination of person called to produce a document
धारा 145— Witnesses to character
धारा 146— Leading questions
धारा 147— Evidence as to matters in writing
धारा 148— Cross-examination as to previous statements in writing
धारा 149— Questions lawful in cross-examination
धारा 15— Admission defined
धारा 150— When witness to be compelled to answer
धारा 151— Court to decide when question shall be asked and when witness compelled to answer
धारा 152— Question not to be asked without reasonable grounds
धारा 153— Procedure of Court in case of question being asked without reasonable grounds
धारा 154— Indecent and scandalous questions
धारा 155— Questions intended to insult or annoy
धारा 156— Exclusion of evidence to contradict answers to questions testing veracity
धारा 157— Question by party to his own witness
धारा 158— Impeaching credit of witness
धारा 159— Questions tending to corroborate evidence of relevant fact, admissible
धारा 16— Admission by party to proceeding or his agent
धारा 160— Former statements of witness may be proved to corroborate later testimony as to same fact
धारा 161— What matters may be proved in connection with proved statement relevant under section 26 or 27
धारा 162— Refreshing memory
धारा 163— Testimony to facts stated in document mentioned in section 162
धारा 164— Right of adverse party as to writing used to refresh memory
धारा 165— Production of documents
धारा 166— Giving, as evidence, of document called for and produced on notice
धारा 167— Using, as evidence, of document production of which was refused on notice
धारा 168— Judge's power to put questions or order production
धारा 169— No new trial for improper admission or rejection of evidence
धारा 17— Admissions by persons whose position must be proved as against party to suit
धारा 170— Repeal and savings
धारा 18— Admissions by persons expressly referred to by party to suit
धारा 19— Proof of admissions against persons making them, and by or on their behalf
धारा 2— Definitions
धारा 20— When oral admissions as to contents of documents are relevant
धारा 21— Admissions in civil cases when relevant
धारा 22— Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
धारा 23— Confession to police officer
धारा 24— Consideration of proved confession affecting person making it and others jointly under trial for same offence
धारा 25— Admissions not conclusive proof, but may estop
धारा 26— Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
धारा 27— Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
धारा 28— Entries in books of account, including those maintained in electronic form, when relevant
धारा 29— Relevancy of entry in public record or an electronic record made in performance of duty
धारा 3— Evidence may be given of facts in issue and relevant facts
धारा 30— Relevancy of statements in maps, charts and plans
धारा 31— Relevancy of statement as to fact of public nature contained in certain Acts or notifications
धारा 32— Relevancy of statements as to any law contained in law books including electronic or digital form
धारा 33— What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
धारा 34— Previous judgments relevant to bar a second suit or trial
धारा 35— Relevancy of certain judgments in probate, etc., jurisdiction
धारा 36— Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
धारा 37— Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
धारा 38— Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
धारा 39— Opinions of experts
धारा 4— Relevancy of facts forming part of same transaction
धारा 40— Facts bearing upon opinions of experts
धारा 41— Opinion as to handwriting and signature, when relevant
धारा 42— Opinion as to existence of right or custom, when relevant
धारा 43— Opinion as to usages, tenets, etc., when relevant
धारा 44— Opinion on relationship, when relevant
धारा 45— Grounds of opinion, when relevant
धारा 46— In civil cases character to prove conduct imputed, irrelevant
धारा 47— In criminal cases previous good character relevant
धारा 48— Evidence of character or previous sexual experience not relevant in certain cases
धारा 49— Previous bad character not relevant, except in reply
धारा 5— Facts which are the occasion, cause or effect of facts in issue or relevant facts
धारा 50— Character as affecting damages
धारा 51— Fact judicially noticeable need not be proved
धारा 52— Facts of which Court shall take judicial notice
धारा 53— Facts admitted need not be proved
धारा 54— Proof of facts by oral evidence
धारा 55— Oral evidence must be direct
धारा 56— Proof of contents of documents
धारा 57— Primary evidence
धारा 58— Secondary evidence
धारा 59— Proof of documents by primary evidence
धारा 6— Motive, preparation and previous or subsequent conduct
धारा 60— Cases in which secondary evidence relating to documents may be given
धारा 61— Electronic or digital record
धारा 62— Special provisions as to evidence relating to electronic record
धारा 63— Admissibility of electronic records
धारा 64— Rules as to notice to produce
धारा 65— Proof of signature and handwriting of person alleged to have signed or written document produced
धारा 66— Proof as to electronic signature
धारा 67— Proof of execution of document required by law to be attested
धारा 68— Proof where no attesting witness found
धारा 69— Admission of execution by party to attested document
धारा 7— Facts necessary to explain or introduce fact in issue or relevant facts
धारा 70— Proof when attesting witness denies the execution
धारा 71— Proof of document not required by law to be attested
धारा 72— Comparison of signature, writing or seal with others admitted or proved
धारा 73— Proof as to verification of digital signature
धारा 74— Public documents
धारा 75— Certified copies of public documents
धारा 76— Proof of documents by production of certified copies
धारा 77— Proof of other official documents
धारा 78— Presumption as to genuineness of certified copies
धारा 79— Presumption as to documents produced as record of evidence
धारा 8— Things said or done by conspirator in reference to common design
धारा 80— Presumption as to Gazettes, newspapers, and other documents
धारा 81— Presumption as to Gazettes in electronic or digital record
धारा 82— Presumption as to maps or plans made by authority of Government
धारा 83— Presumption as to collections of laws and reports of decisions
धारा 84— Presumption as to powers-of-attorney
धारा 85— Presumption as to electronic agreements
धारा 86— Presumption as to electronic records and electronic signatures
धारा 87— Presumption as to Electronic Signature Certificates
धारा 88— Presumption as to certified copies of foreign judicial records
धारा 89— Presumption as to books, maps and charts
धारा 9— When facts not otherwise relevant become relevant
धारा 90— Presumption as to electronic messages
धारा 91— Presumption as to due execution, etc., of documents not produced
धारा 92— Presumption as to documents thirty years old
धारा 93— Presumption as to electronic records five years old
धारा 94— Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
धारा 95— Exclusion of evidence of oral agreement
धारा 96— Exclusion of evidence to explain or amend ambiguous document
धारा 97— Exclusion of evidence against application of document to existing facts
धारा 98— Evidence as to document unmeaning in reference to existing facts
धारा 99— Evidence as to application of language which can apply to one only of several persons

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