BSA

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or StateRead…

32. Relevancy of statements as to any law contained in law books including electronic or digital form. When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published including in electronicRead…

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, book or series of letters or papers. When any statement of which evidence is given forms part of a longer statement, or of a conversationRead…

Judgments of Courts when relevant 34. Previous judgments relevant to bar a second suit or trial. The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether suchRead…

35. Relevancy of certain judgments in probate, etc., jurisdiction. (1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person toRead…

36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are notRead…

37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant underRead…

38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was deliveredRead…

Opinions of third persons when relevant 39. Opinions of experts. (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of personsRead…

40. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations: (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisonedRead…

41. Opinion as to handwriting and signature, when relevant. (1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be writtenRead…

42. Opinion as to existence of general custom or right, when relevant. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know ofRead…

43. Opinion as to usages, tenets, etc., when relevant. When the Court has to form an opinion as to: (i) the usages and tenets of any body of men or family; (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or termsRead…

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, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special meansRead…

45. Grounds of opinion, when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration: An expert may give an account of experiments performed by him for the purpose of forming his opinion. Get the new BSA PDFRead…

Character when relevant 46. In civil cases character to prove conduct imputed, irrelevant. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from factsRead…

47. In criminal cases previous good character relevant. In criminal proceedings the fact that the person accused is of a good character, is relevant. Get the new BSA PDFRead…

48. Evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the BharatiyaRead…

49. Previous bad character not relevant, except in reply. In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1: This section does not apply to cases inRead…

50. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation: In this section and sections 46, 47 and 49, the word “character” includes both reputation and disposition;Read…

PART III ON PROOF CHAPTER III – FACTS WHICH NEED NOT BE PROVED 51. Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Get the new BSA PDFRead…

52. Facts of which Court shall take judicial notice. (1) The Court shall take judicial notice of the following facts, namely: (a) all laws in force in the territory of India including laws having extra-territorial operation; (b) international treaty, agreement or convention with country or countries by India, or decisionsRead…

53. Facts admitted need not be proved. No fact needs to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule ofRead…

CHAPTER IV – OF ORAL EVIDENCE 54. Proof of facts by oral evidence. All facts, except the contents of documents may be proved by oral evidence. Get the new BSA PDFRead…

55. Oral evidence to be direct. Oral evidence shall, in all cases whatever, be direct; if it refers to: (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be theRead…

CHAPTER V – OF DOCUMENTARY EVIDENCE 56. Proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. Get the new BSA PDFRead…

57. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1: Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2: Where a document is executed in counterpart, each counterpart being executed by one orRead…

58. Secondary evidence. Secondary evidence includes: (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterpartsRead…

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…

60. Cases in which secondary evidence relating to documents may be given. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: (a) when the original is shown or appears to be in the possession or power: (i) of the personRead…

61. Electronic or digital record. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity andRead…

62. Special provisions as to evidence relating to electronic record. The contents of electronic records may be proved in accordance with the provisions of section 63. Get the new BSA PDFRead…

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, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recordedRead…

64. Rules as to notice to produce. Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is,Read…

65. Proof of signature and handwriting of person alleged to have signed or written document produced. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is allegedRead…

66. Proof as to electronic signature. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved. Get theRead…

67. Proof of execution of document required by law to be attested. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attestingRead…

68. Proof where no attesting witness found. If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. GetRead…

69. Admission of execution by party to attested document. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. Get the new BSA PDFRead…

70. Proof when attesting witness denies execution. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence. Get the new BSA PDFRead…

71. Proof of document not required by law to be attested. An attested document not required by law to be attested may be proved as if it was unattested. Get the new BSA PDFRead…

72. Comparison of signature, writing or seal with others admitted or proved. (1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction ofRead…

73. Proof as to verification of digital signature. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct: (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b)Read…

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) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreignRead…

75. Certified copies of public documents. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot ofRead…

76. Proof of documents by production of certified copies. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies. Get the new BSA PDFRead…

77. Proof of other official documents. The following public documents may be proved as follows: (a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration: (i) by theRead…

Presumptions as to documents 78. Presumption as to genuineness of certified copies. (1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports toRead…

79. Presumption as to documents produced as record of evidence, etc. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised byRead…

80. Presumption as to Gazettes, newspapers, and other documents. The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person,Read…

81. Presumption as to Gazettes in electronic or digital record. The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic orRead…

82. Presumption as to maps or plans made by authority of Government. The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes ofRead…

83. Presumption as to collections of laws and reports of decisions. The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purportingRead…

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 authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated. GetRead…

85. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties. Get the new BSA PDFRead…

86. Presumption as to electronic records and electronic signatures. (1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In anyRead…

87. Presumption as to Electronic Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. Get the new BSARead…

88. Presumption as to certified copies of foreign judicial records. (1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certifiedRead…

89. Presumption as to books, maps and charts. The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection,Read…

90. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall notRead…

91. Presumption as to due execution, etc., of documents not produced. The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. Get the new BSA PDFRead…

92. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports toRead…

93. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signatureRead…

CHAPTER VI – OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE 94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced toRead…

95. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statementRead…

96. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations: (a) A agrees, in writing, to sell a horseRead…

97. Exclusion of evidence against application of document to existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration: A sells toRead…

98. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration: A sells to B, by deed,Read…

99. Evidence as to application of language which can apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons orRead…

100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not applyRead…

101. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense. Illustration: A, sculptor, agrees to sell to B,Read…

102. Who may give evidence of agreement varying terms of document. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration: A and B make a contract inRead…

103. Saving of provisions of Indian Succession Act relating to wills. Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 as to the construction of wills. Get the new BSA PDFRead…

PART IV – PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII – OF THE BURDEN OF PROOF 104. Burden of proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, andRead…

105. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations: (a) A sues B for land of which B is in possession, and which, as ARead…

106. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration:Read…

107. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations: (a) A wishes toRead…

108. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso containedRead…

109. Burden of proving fact especially within knowledge. When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations: (a) When a person does an act with some intention other than that which the character and circumstances of the actRead…

110. Burden of proving death of person known to have been alive within thirty years. When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person whoRead…

111. Burden of proving that person is alive who has not been heard of for seven years. When the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard ofRead…

112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving thatRead…

113. Burden of proof as to ownership. When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. GetRead…

114. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the goodRead…

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 area declared to be a disturbed area under any enactment for the time being in force, making provision for the suppression of disorder and restoration andRead…

116. Birth during marriage, conclusive proof of legitimacy. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is theRead…

117. Presumption as to abetment of suicide by a married woman. When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven yearsRead…

118. Presumption as to dowry death. When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand forRead…

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, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of theRead…

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 the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the womanRead…

CHAPTER VIII – ESTOPPEL 121. Estoppel. When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himselfRead…

122. Estoppel of tenant and of licensee of person in possession. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy,Read…

123. Estoppel of acceptor of bill of exchange, bailee or licensee. No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor orRead…

CHAPTER IX – OF WITNESSES 124. Who may testify. All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body orRead…

125. Witness unable to communicate verbally. A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court and evidence soRead…

126. Competency of husband and wife as witnesses in certain cases. (1) In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. (2) In criminal proceedings against any person, the husband or wife of such person,Read…

127. Judges and Magistrates. No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge inRead…

128. Communications during marriage. No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who madeRead…

129. Evidence as to affairs of State. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as heRead…

130. Official communications. No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure. Get the new BSA PDFRead…

131. Information as to commission of offences. No Magistrate or police officer shall be compelled to say when he got any information as to the commission of any offence, and no revenue officer shall be compelled to say when he got any information as to the commission of any offenceRead…

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 him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contentsRead…

133. Privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding callsRead…

134. Confidential communication with legal advisers. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as mayRead…

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 his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production ofRead…

136. Production of documents or electronic records which another person, having possession, could refuse to produce. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possessionRead…

137. Witness not excused from answering on ground that answer will criminate. A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to suchRead…

138. Accomplice. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Get the new BSA PDFRead…

139. Number of witnesses. No particular number of witnesses shall in any case be required for the proof of any fact. Get the new BSA PDFRead…

CHAPTER X – OF EXAMINATION OF WITNESSES 140. Order of production and examination of witnesses. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any suchRead…

141. Judge to decide as to admissibility of evidence. (1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence ifRead…

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 of a witness by the adverse party shall be called his cross-examination. (3) The examination of a witness, subsequent to the cross-examination, by the party whoRead…

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 so desires) re-examined. (2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which theRead…

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 fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Get the new BSA PDFRead…

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

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) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission ofRead…

147. Evidence as to matters in writing. Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about toRead…

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 into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict himRead…

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 which tend: (a) to test his veracity; or (b) to discover who he is and what is his position in life; or (c) to shake hisRead…

150. When witness to be compelled to answer. If any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto. Get the new BSA PDFRead…

151. Court to decide when question shall be asked and when witness compelled to answer. (1) If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shallRead…

152. Question not to be asked without reasonable grounds. No such question as is referred to in section 151 ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded. Illustrations: (a) An advocate is instructed by another advocateRead…

153. Procedure of Court in case of question being asked without reasonable grounds. If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any advocate, report the circumstances of the case to the High Court or other authorityRead…

154. Indecent and scandalous questions. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known inRead…

155. Questions intended to insult or annoy. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form. Get the new BSA PDFRead…

156. Exclusion of evidence to contradict answers to questions testing veracity. When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradictRead…

157. Question by party to his own witness. (1) The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. (2) Nothing in this section shall disentitle the person so permitted underRead…

158. Impeaching credit of witness. The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him: (a) by the evidence of persons who testify that they, from their knowledge of the witness,Read…

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, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant factRead…

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, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before anyRead…

161. What matters may be proved in connection with proved statement relevant under section 26 or 27. Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm theRead…

162. Refreshing memory. (1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time freshRead…

163. Testimony to facts stated in document mentioned in section 162. A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded inRead…

164. Right of adverse party as to writing used to refresh memory. Any writing referred to under the provisions of the two last preceding sections shall be produced and shown to the adverse party if he requires it; such party may, if he pleases, cross-examine the witness thereupon. Get theRead…

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, notwithstanding any objection which there may be to its production or to its admissibility: Provided that the validity of any such objection shall be decidedRead…

166. Giving, as evidence, of document called for and produced on notice. When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it asRead…

167. Using, as evidence, of document production of which was refused on notice. When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. Illustration:Read…

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 question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production ofRead…

CHAPTER XI – OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE 169. No new trial for improper admission or rejection of evidence. The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appearRead…

CHAPTER XII – REPEAL AND SAVINGS 170. Repeal and savings. (1) The Indian Evidence Act, 1872 is hereby repealed. (2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial,Read…

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

10. Facts tending to enable Court to determine amount are relevant in suits for damages. In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. Get the new BSA PDFRead…

9. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant: (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevantRead…

8. Things said or done by conspirator in reference to common design. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to theirRead…

7. Facts necessary to explain or introduce fact in issue or relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything,Read…

6. Motive, preparation and previous or subsequent conduct. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference toRead…

5. Facts which are occasion, cause or effect of facts in issue or relevant facts. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity forRead…

Closely connected facts 4. Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place orRead…

PART II CHAPTER II – RELEVANCY OF FACTS 3. Evidence may be given of facts in issue and relevant facts. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to beRead…

2. Definitions. (1) In this Adhiniyam, unless the context otherwise requires: (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, onRead…

PART I CHAPTER I – PRELIMINARY 1. Short title, application and commencement. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedingsRead…