Act 47 of 2023

The Bharatiya Sakshya Adhiniyam, 2023

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

  • Ministry of Home Affairs
  • Department of Internal Security
  • Enacted 2023-12-25
  • 170 sections
See all 12 chapters
  1. Chapter I Preliminary Sections 1 to 2 (2)
  2. Chapter II Relevancy of facts Sections 3 to 50 (48)
  3. Chapter III Facts which need not be proved Sections 51 to 53 (3)
  4. Chapter IV Of oral evidence Sections 54 to 55 (2)
  5. Chapter V Of documentary evidence Sections 56 to 93 (38)
  6. Chapter VI Of the exclusion of oral evidence by documentary evidence Sections 94 to 103 (10)
  7. Chapter VII Of the burden of proof Sections 104 to 120 (17)
  8. Chapter VIII Estoppel Sections 121 to 123 (3)
  9. Chapter IX Of witnesses Sections 124 to 139 (16)
  10. Chapter X Of examination of witnesses Sections 140 to 168 (29)
  11. Chapter XI Of improper admission and rejection of evidence Section 169 (1)
  12. Chapter XII Repeal and savings Section 170 (1)
SectionTitle
1 Short title, application and commencement.Read
2 Definitions.Read
3 Evidence may be given of facts in issue and relevant facts.Read
4 Relevancy of facts forming part of same transaction.Read
5 Facts which are occasion, cause or effect of facts in issue or relevant facts.Read
6 Motive, preparation and previous or subsequent conduct.Read
7 Facts necessary to explain or introduce fact in issue or relevant facts.Read
8 Things said or done by conspirator in reference to common design.Read
9 When facts not otherwise relevant become relevant.Read
10 Facts tending to enable Court to determine amount are relevant in suits for damages.Read
11 Facts relevant when right or custom is in question.Read
12 Facts showing existence of state of mind, or of body or bodily feeling.Read
13 Facts bearing on question whether act was accidental or intentional.Read
14 Existence of course of business when relevant.Read
15 Admission defined.Read
16 Admission by party to proceeding or his agent.Read
17 Admissions by persons whose position must be proved as against party to suit.Read
18 Admissions by persons expressly referred to by party to suit.Read
19 Proof of admissions against persons making them, and by or on their behalf.Read
20 When oral admissions as to contents of documents are relevant.Read
21 Admissions in civil cases when relevant.Read
22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.Read
23 Confession to police officer.Read
24 Consideration of proved confession affecting person making it and others jointly under trial for same offence.Read
25 Admissions not conclusive proof, but may estop.Read
26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.Read
27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.Read
28 Entries in books of account when relevant.Read
29 Relevancy of entry in public record or an electronic record made in performance of duty.Read
30 Relevancy of statements in maps, charts and plans.Read
31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications.Read
32 Relevancy of statements as to any law contained in law books including electronic or digital form.Read
33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.Read
34 Previous judgments relevant to bar a second suit or trial.Read
35 Relevancy of certain judgments in probate, etc., jurisdiction.Read
36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.Read
37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.Read
38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.Read
39 Opinions of experts.Read
40 Facts bearing upon opinions of experts.Read
41 Opinion as to handwriting and signature, when relevant.Read
42 Opinion as to existence of general custom or right, when relevant.Read
43 Opinion as to usages, tenets, etc., when relevant.Read
44 Opinion on relationship, when relevant.Read
45 Grounds of opinion, when relevant.Read
46 In civil cases character to prove conduct imputed, irrelevant.Read
47 In criminal cases previous good character relevant.Read
48 Evidence of character or previous sexual experience not relevant in certain cases.Read
49 Previous bad character not relevant, except in reply.Read
50 Character as affecting damages.Read
51 Fact judicially noticeable need not be proved.Read
52 Facts of which Court shall take judicial notice.Read
53 Facts admitted need not be proved.Read
54 Proof of facts by oral evidence.Read
55 Oral evidence to be direct.Read
56 Proof of contents of documents.Read
57 Primary evidence.Read
58 Secondary evidence.Read
59 Proof of documents by primary evidence.Read
60 Cases in which secondary evidence relating to documents maybe given.Read
61 Electronic or digital record.Read
62 Special provisions as to evidence relating to electronic record.Read
63 Admissibility of electronic records.Read
64 Rules as to notice to produce.Read
65 Proof of signature and handwriting of person alleged to have signed or written document produced.Read
66 Proof as to electronic signature.Read
67 Proof of execution of document required by law to be attested.Read
68 Proof where no attesting witness found.Read
69 Admission of execution by party to attested document.Read
70 Proof when attesting witness denies execution.Read
71 Proof of document not required by law to be attested.Read
72 Comparison of signature, writing or seal with others admitted or proved.Read
73 Proof as to verification of digital signature.Read
74 Public and private documents.Read
75 Certified copies of public documents.Read
76 Proof of documents by production of certified copies.Read
77 Proof of other official documents.Read
78 Presumption as to genuineness of certified copies.Read
79 Presumption as to documents produced as record of evidence, etc.Read
80 Presumption as to Gazettes, newspapers, and other documents.Read
81 Presumption as to Gazettes in electronic or digital record.Read
82 Presumption as to maps or plans made by authority of Government.Read
83 Presumption as to collections of laws and reports of decisions.Read
84 Presumption as to powers-of-attorney.Read
85 Presumption as to electronic agreements.Read
86 Presumption as to electronic records and electronic signatures.Read
87 Presumption as to Electronic Signature Certificates.Read
88 Presumption as to certified copies of foreign judicial records.Read
89 Presumption as to books, maps and charts.Read
90 Presumption as to electronic messages.Read
91 Presumption as to due execution, etc., of documents not produced.Read
92 Presumption as to documents thirty years old.Read
93 Presumption as to electronic records five years old.Read
94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.Read
95 Exclusion of evidence of oral agreement.Read
96 Exclusion of evidence to explain or amend ambiguous document.Read
97 Exclusion of evidence against application of document to existing facts.Read
98 Evidence as to document unmeaning in reference to existing facts.Read
99 Evidence as to application of language which can apply to one only of several persons.Read
100 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.Read
101 Evidence as to meaning of illegible characters, etc.Read
102 Who may give evidence of agreement varying terms of document.Read
103 Saving of provisions of Indian Succession Act relating to wills.Read
104 Burden of proof.Read
105 On whom burden of proof lies.Read
106 Burden of proof as to particular fact.Read
107 Burden of proving fact to be proved to make evidence admissible.Read
108 Burden of proving that case of accused comes within exceptions.Read
109 Burden of proving fact especially within knowledge.Read
110 Burden of proving death of person known to have been alive within thirty years.Read
111 Burden of proving that person is alive who has not been heard of for seven years.Read
112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.Read
113 Burden of proof as to ownership.Read
114 Proof of good faith in transactions where one party is in relation of active confidence.Read
115 Presumption as to certain offences.Read
116 Birth during marriage, conclusive proof of legitimacy.Read
117 Presumption as to abetment of suicide by a married woman.Read
118 Presumption as to dowry death.Read
119 Court may presume existence of certain facts.Read
120 Presumption as to absence of consent in certain prosecution for rape.Read
121 Estoppel.Read
122 Estoppel of tenant and of licensee of person in possession.Read
123 Estoppel of acceptor of bill of exchange, bailee or licensee.Read
124 Who may testify.Read
125 Witness unable to communicate verbally.Read
126 Competency of husband and wife as witnesses in certain cases.Read
127 Judges and Magistrates.Read
128 Communications during marriage.Read
129 Evidence as to affairs of State.Read
130 Official communications.Read
131 Information as to commission of offences.Read
132 Professional communications.Read
133 Privilege not waived by volunteering evidence.Read
134 Confidential communication with legal advisers.Read
135 Production of title-deeds of witness not a party.Read
136 Production of documents or electronic records which another person, having possession, could refuse to produce.Read
137 Witness not excused from answering on ground that answer will criminate.Read
138 Accomplice.Read
139 Number of witnesses.Read
140 Order of production and examination of witnesses.Read
141 Judge to decide as to admissibility of evidence.Read
142 Examination of witnesses.Read
143 Order of examinations.Read
144 Cross examination of person called to produce a document.Read
145 Witnesses to character.Read
146 Leading questions.Read
147 Evidence as to matters in writing.Read
148 Cross examination as to previous statements in writing.Read
149 Questions lawful in cross examination.Read
150 When witness to be compelled to answer.Read
151 Court to decide when question shall be asked and when witness compelled to answer.Read
152 Question not to be asked without reasonable grounds.Read
153 Procedure of Court in case of question being asked without reasonable grounds.Read
154 Indecent and scandalous questions.Read
155 Questions intended to insult or annoy.Read
156 Exclusion of evidence to contradict answers to questions testing veracity.Read
157 Question by party to his own witness.Read
158 Impeaching credit of witness.Read
159 Questions tending to corroborate evidence of relevant fact, admissible.Read
160 Former statements of witness may be proved to corroborate later testimony as to same fact.Read
161 What matters may be proved in connection with proved statement relevant under section 26 or 27.Read
162 Refreshing memory.Read
163 Testimony to facts stated in document mentioned in section 162.Read
164 Right of adverse party as to writing used to refresh memory.Read
165 Production of documents.Read
166 Giving, as evidence, of document called for and produced on notice.Read
167 Using, as evidence, of document production of which was refused on notice.Read
168 Judge's power to put questions or order production.Read
169 No new trial for improper admission or rejection of evidence.Read
170 Repeal and savings.Read
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