BSA

PART I CHAPTER I – PRELIMINARY 1. Short title, application and commencement. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. (2) ItRead More →

2. Definitions. (1) In this Adhiniyam, unless the context otherwise requires: (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorisedRead More →

PART II CHAPTER II – RELEVANCY OF FACTS 3. Evidence may be given of facts in issue and relevant facts. Evidence may be given inRead More →

Closely connected facts 4. Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact inRead More →

5. Facts which are occasion, cause or effect of facts in issue or relevant facts. Facts which are the occasion, cause or effect, immediate orRead More →

6. Motive, preparation and previous or subsequent conduct. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact inRead More →

7. Facts necessary to explain or introduce fact in issue or relevant facts. Facts necessary to explain or introduce a fact in issue or relevantRead More →

8. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons haveRead More →

9. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant: (1) if they are inconsistent with any fact in issue orRead More →

10. Facts tending to enable Court to determine amount are relevant in suits for damages. In suits in which damages are claimed, any fact whichRead More →

11. Facts relevant when right or custom is in question. Where the question is as to the existence of any right or custom, the followingRead More →

12. Facts showing existence of state of mind, or of body or bodily feeling. Facts showing the existence of any state of mind, such asRead More →

13. Facts bearing on question whether act was accidental or intentional. When there is a question whether an act was accidental or intentional, or doneRead More →

14. Existence of course of business when relevant. When there is a question whether a particular act was done, the existence of any course ofRead More →

Admissions 15. Admission defined. An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any factRead More →

16. Admission by party to proceeding or his agent. (1) Statements made by a party to the proceeding, or by an agent to any suchRead More →

17. Admissions by persons whose position must be proved as against party to suit. Statements made by persons whose position or liability, it is necessaryRead More →

18. Admissions by persons expressly referred to by party to suit. Statements made by persons to whom a party to the suit has expressly referredRead More →

19. Proof of admissions against persons making them, and by or on their behalf. Admissions are relevant and may be proved as against the personRead More →

20. When oral admissions as to contents of documents are relevant. Oral admissions as to the contents of a document are not relevant, unless andRead More →

21. Admissions in civil cases when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that evidenceRead More →

22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. A confession made by an accused person is irrelevant in aRead More →

23. Confession to police officer. (1) No confession made to a police officer shall be proved as against a person accused of any offence. (2)Read More →

24. Consideration of proved confession affecting person making it and others jointly under trial for same offence. When more persons than one are being triedRead More →

25. Admissions not conclusive proof, but may estop. Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under theRead More →

Statements by persons who cannot be called as witnesses 26. Cases in which statement of relevant fact by person who is dead or cannot beRead More →

27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. Evidence given by a witness in a judicial proceeding, orRead More →

Statements made under special circumstances 28. Entries in books of account when relevant. Entries in the books of account, including those maintained in an electronicRead More →

29. Relevancy of entry in public record or an electronic record made in performance of duty. An entry in any public or other official book,Read More →

30. Relevancy of statements in maps, charts and plans. Statements of facts in issue or relevant facts, made in published maps or charts generally offeredRead More →

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. When the Court has to form an opinion asRead More →

32. Relevancy of statements as to any law contained in law books including electronic or digital form. When the Court has to form an opinionRead More →

How much of a statement is to be proved 33. What evidence to be given when statement forms part of a conversation, document, electronic record,Read More →

Judgments of Courts when relevant 34. Previous judgments relevant to bar a second suit or trial. The existence of any judgment, order or decree whichRead More →

35. Relevancy of certain judgments in probate, etc., jurisdiction. (1) A final judgment, order or decree of a competent Court or Tribunal, in the exerciseRead More →

36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. Judgments, orders or decrees other than those mentioned inRead More →

37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. Judgments or orders or decrees, other than those mentioned inRead More →

38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Any party to a suit or other proceeding may show thatRead More →

Opinions of third persons when relevant 39. Opinions of experts. (1) When the Court has to form an opinion upon a point of foreign lawRead More →

40. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, whenRead More →

41. Opinion as to handwriting and signature, when relevant. (1) When the Court has to form an opinion as to the person by whom anyRead More →

42. Opinion as to existence of general custom or right, when relevant. When the Court has to form an opinion as to the existence ofRead More →

43. Opinion as to usages, tenets, etc., when relevant. When the Court has to form an opinion as to: (i) the usages and tenets ofRead More →

44. Opinion on relationship, when relevant. When the Court has to form an opinion as to the relationship of one person to another, the opinion,Read More →

45. Grounds of opinion, when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are alsoRead More →

Character when relevant 46. In civil cases character to prove conduct imputed, irrelevant. In civil cases the fact that the character of any person concernedRead More →

47. In criminal cases previous good character relevant. In criminal proceedings the fact that the person accused is of a good character, is relevant. GetRead More →

48. Evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence under section 64, section 65, sectionRead More →

49. Previous bad character not relevant, except in reply. In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidenceRead More →

50. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damagesRead More →

PART III ON PROOF CHAPTER III – FACTS WHICH NEED NOT BE PROVED 51. Fact judicially noticeable need not be proved. No fact of whichRead More →

52. Facts of which Court shall take judicial notice. (1) The Court shall take judicial notice of the following facts, namely: (a) all laws inRead More →

53. Facts admitted need not be proved. No fact needs to be proved in any proceeding which the parties thereto or their agents agree toRead More →

CHAPTER IV – OF ORAL EVIDENCE 54. Proof of facts by oral evidence. All facts, except the contents of documents may be proved by oralRead More →

55. Oral evidence to be direct. Oral evidence shall, in all cases whatever, be direct; if it refers to: (i) a fact which could beRead More →

CHAPTER V – OF DOCUMENTARY EVIDENCE 56. Proof of contents of documents. The contents of documents may be proved either by primary or by secondaryRead More →

57. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1: Where a document is executed in severalRead More →

58. Secondary evidence. Secondary evidence includes: (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes whichRead More →

59. Proof of documents by primary evidence. Documents shall be proved by primary evidence except in the cases hereinafter mentioned. Get the new BSA PDFRead More →

60. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition, or contents of aRead More →

61. Electronic or digital record. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence onRead More →

62. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of sectionRead More →

63. Admissibility of electronic records. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored,Read More →

64. Rules as to notice to produce. Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall notRead More →

65. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed orRead More →

66. Proof as to electronic signature. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged toRead More →

67. Proof of execution of document required by law to be attested. If a document is required by law to be attested, it shall notRead More →

68. Proof where no attesting witness found. If no such attesting witness can be found, it must be proved that the attestation of one attestingRead More →

69. Admission of execution by party to attested document. The admission of a party to an attested document of its execution by himself shall beRead More →

70. Proof when attesting witness denies execution. If the attesting witness denies or does not recollect the execution of the document, its execution may beRead More →

71. Proof of document not required by law to be attested. An attested document not required by law to be attested may be proved asRead More →

72. Comparison of signature, writing or seal with others admitted or proved. (1) In order to ascertain whether a signature, writing or seal is thatRead More →

73. Proof as to verification of digital signature. In order to ascertain whether a digital signature is that of the person by whom it purportsRead More →

Public documents 74. Public and private documents. (1) The following documents are public documents: (a) documents forming the acts, or records of the acts: (i)Read More →

75. Certified copies of public documents. Every public officer having the custody of a public document, which any person has a right to inspect, shallRead More →

76. Proof of documents by production of certified copies. Such certified copies may be produced in proof of the contents of the public documents orRead More →

77. Proof of other official documents. The following public documents may be proved as follows: (a) Acts, orders or notifications of the Central Government inRead More →

Presumptions as to documents 78. Presumption as to genuineness of certified copies. (1) The Court shall presume to be genuine every document purporting to beRead More →

79. Presumption as to documents produced as record of evidence, etc. Whenever any document is produced before any Court, purporting to be a record orRead More →

80. Presumption as to Gazettes, newspapers, and other documents. The Court shall presume the genuineness of every document purporting to be the Official Gazette, orRead More →

81. Presumption as to Gazettes in electronic or digital record. The Court shall presume the genuineness of every electronic or digital record purporting to beRead More →

82. Presumption as to maps or plans made by authority of Government. The Court shall presume that maps or plans purporting to be made byRead More →

83. Presumption as to collections of laws and reports of decisions. The Court shall presume the genuineness of, every book purporting to be printed orRead More →

84. Presumption as to powers-of-attorney. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticatedRead More →

85. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signatureRead More →

86. Presumption as to electronic records and electronic signatures. (1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary isRead More →

87. Presumption as to Electronic Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate isRead More →

88. Presumption as to certified copies of foreign judicial records. (1) The Court may presume that any document purporting to be a certified copy ofRead More →

89. Presumption as to books, maps and charts. The Court may presume that any book to which it may refer for information on matters ofRead More →

90. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to theRead More →

91. Presumption as to due execution, etc., of documents not produced. The Court shall presume that every document, called for and not produced after noticeRead More →

92. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody whichRead More →

93. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from anyRead More →

CHAPTER VI – OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE 94. Evidence of terms of contracts, grants and other dispositions of property reducedRead More →

95. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required byRead More →

96. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidenceRead More →

97. Exclusion of evidence against application of document to existing facts. When language used in a document is plain in itself, and when it appliesRead More →

98. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning inRead More →

99. Evidence as to application of language which can apply to one only of several persons. When the facts are such that the language usedRead More →

100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. When the languageRead More →

101. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, ofRead More →

102. Who may give evidence of agreement varying terms of document. Persons who are not parties to a document, or their representatives in interest, mayRead More →

103. Saving of provisions of Indian Succession Act relating to wills. Nothing in this Chapter shall be taken to affect any of the provisions ofRead More →

PART IV – PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII – OF THE BURDEN OF PROOF 104. Burden of proof. Whoever desires any Court toRead More →

105. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if noRead More →

106. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the CourtRead More →

107. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order toRead More →

108. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existenceRead More →

109. Burden of proving fact especially within knowledge. When any fact is especially within the knowledge of any person, the burden of proving that factRead More →

110. Burden of proving death of person known to have been alive within thirty years. When the question is whether a man is alive orRead More →

111. Burden of proving that person is alive who has not been heard of for seven years. When the question is whether a man isRead More →

112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. When the question is whether persons areRead More →

113. Burden of proof as to ownership. When the question is whether any person is owner of anything of which he is shown to beRead More →

114. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the goodRead More →

115. Presumption as to certain offences. (1) Where a person is accused of having committed any offence specified in sub-section (2), in: (a) any areaRead More →

116. Birth during marriage, conclusive proof of legitimacy. The fact that any person was born during the continuance of a valid marriage between his motherRead More →

117. Presumption as to abetment of suicide by a married woman. When the question is whether the commission of suicide by a woman had beenRead More →

118. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a woman and it is shownRead More →

119. Court may presume existence of certain facts. (1) The Court may presume the existence of any fact which it thinks likely to have happened,Read More →

120. Presumption as to absence of consent in certain prosecution for rape. In a prosecution for rape under sub-section (2) of section 64 of theRead More →

CHAPTER VIII – ESTOPPEL 121. Estoppel. When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe aRead More →

122. Estoppel of tenant and of licensee of person in possession. No tenant of immovable property, or person claiming through such tenant, shall, during theRead More →

123. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that theRead More →

CHAPTER IX – OF WITNESSES 124. Who may testify. All persons shall be competent to testify unless the Court considers that they are prevented fromRead More →

125. Witness unable to communicate verbally. A witness who is unable to speak may give his evidence in any other manner in which he canRead More →

126. Competency of husband and wife as witnesses in certain cases. (1) In all civil proceedings the parties to the suit, and the husband orRead More →

127. Judges and Magistrates. No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled toRead More →

128. Communications during marriage. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage byRead More →

129. Evidence as to affairs of State. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairsRead More →

130. Official communications. No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interestsRead More →

131. Information as to commission of offences. No Magistrate or police officer shall be compelled to say when he got any information as to theRead More →

132. Professional communications. (1) No advocate, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to himRead More →

133. Privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall notRead More →

134. Confidential communication with legal advisers. No one shall be compelled to disclose to the Court any confidential communication which has taken place between himRead More →

135. Production of title-deeds of witness not a party. No witness who is not a party to a suit shall be compelled to produce hisRead More →

136. Production of documents or electronic records which another person, having possession, could refuse to produce. No one shall be compelled to produce documents inRead More →

137. Witness not excused from answering on ground that answer will criminate. A witness shall not be excused from answering any question as to anyRead More →

138. Accomplice. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroboratedRead More →

139. Number of witnesses. No particular number of witnesses shall in any case be required for the proof of any fact. Get the new BSARead More →

CHAPTER X – OF EXAMINATION OF WITNESSES 140. Order of production and examination of witnesses. The order in which witnesses are produced and examined shallRead More →

141. Judge to decide as to admissibility of evidence. (1) When either party proposes to give evidence of any fact, the Judge may ask theRead More →

142. Examination of witnesses. (1) The examination of a witness by the party who calls him shall be called his examination-in-chief. (2) The examination ofRead More →

143. Order of examinations. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him soRead More →

144. Cross-examination of person called to produce a document. A person summoned to produce a document does not become a witness by the mere factRead More →

145. Witnesses to character. Witnesses to character may be cross-examined and re-examined. Get the new BSA PDFRead More →

146. Leading questions. (1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. (2)Read More →

147. Evidence as to matters in writing. Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, asRead More →

148. Cross-examination as to previous statements in writing. A witness may be cross-examined as to previous statements made by him in writing or reduced intoRead More →

149. Questions lawful in cross-examination. When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions whichRead More →

150. When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding, the provisions ofRead More →

151. Court to decide when question shall be asked and when witness compelled to answer. (1) If any such question relates to a matter notRead More →

152. Question not to be asked without reasonable grounds. No such question as is referred to in section 151 ought to be asked, unless theRead More →

153. Procedure of Court in case of question being asked without reasonable grounds. If the Court is of opinion that any such question was askedRead More →

154. Indecent and scandalous questions. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiriesRead More →

155. Questions intended to insult or annoy. The Court shall forbid any question which appears to it to be intended to insult or annoy, orRead More →

156. Exclusion of evidence to contradict answers to questions testing veracity. When a witness has been asked and has answered any question which is relevantRead More →

157. Question by party to his own witness. (1) The Court may, in its discretion, permit the person who calls a witness to put anyRead More →

158. Impeaching credit of witness. The credit of a witness may be impeached in the following ways by the adverse party, or, with the consentRead More →

159. Questions tending to corroborate evidence of relevant fact, admissible. When a witness whom it is intended to corroborate gives evidence of any relevant fact,Read More →

160. Former statements of witness may be proved to corroborate later testimony as to same fact. In order to corroborate the testimony of a witness,Read More →

161. What matters may be proved in connection with proved statement relevant under section 26 or 27. Whenever any statement, relevant under section 26 orRead More →

162. Refreshing memory. (1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time ofRead More →

163. Testimony to facts stated in document mentioned in section 162. A witness may also testify to facts mentioned in any such document as isRead More →

164. Right of adverse party as to writing used to refresh memory. Any writing referred to under the provisions of the two last preceding sectionsRead More →

165. Production of documents. (1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court,Read More →

166. Giving, as evidence, of document called for and produced on notice. When a party calls for a document which he has given the otherRead More →

167. Using, as evidence, of document production of which was refused on notice. When a party refuses to produce a document which he has hadRead More →

168. Judge’s power to put questions or order production. The Judge may, in order to discover or obtain proof of relevant facts, ask any questionRead More →

CHAPTER XI – OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE 169. No new trial for improper admission or rejection of evidence. The improper admission orRead More →

CHAPTER XII – REPEAL AND SAVINGS 170. Repeal and savings. (1) The Indian Evidence Act, 1872 is hereby repealed. (2) Notwithstanding such repeal, if, immediatelyRead More →

THE SCHEDULE Open this PDF to go through the Schedule (Part A and Part B) of the Bharatiya Sakshya Adhiniyam (2023).Read More →