Bharatiya Sakshya Adhiniyam, 2023

Short title, application, commencement and definitions.

Key sections explained

• BSA 2. Definitions.
  Defines the key terms of the Adhiniyam. Read it first when working with electronic and digital records.Earlier law: Evidence Act 3

All sections in this chapter

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

Which facts can be proved in court: facts in issue and relevant facts, confessions and admissions, statements of people who cannot be called, expert opinion, character and the standing of judgments.

Key sections explained

• BSA 3. Evidence may be given of facts in issue and relevant facts.
  Evidence may be given of facts in issue and relevant facts, and of no others.Earlier law: Evidence Act 5
• BSA 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
  A confession caused by inducement, threat, coercion or promise is not relevant in a criminal proceeding.Earlier law: Evidence Act 24
• BSA 23. Confession to police officer.
  No confession made to a police officer can be proved against the accused. A confession made in police custody cannot be proved unless made in the immediate presence of a Magistrate. Information that leads to the discovery of a fact can be proved to the extent it relates distinctly to that fact.Earlier law: Evidence Act 25, 26, 27
• BSA 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
  Statements of persons who are dead or cannot be found are relevant in the listed cases, including statements about the cause of their death.Earlier law: Evidence Act 32
• BSA 39. Opinions of experts.
  Opinions of experts are relevant on specified subjects.Earlier law: Evidence Act 45

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

Facts that do not need proof, such as facts the court takes judicial notice of and facts that parties admit.

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

How facts are proved by oral evidence: oral evidence must be direct.

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• 54. Proof of facts by oral evidence.
• 55. Oral evidence to be direct.

Documentary evidence: primary and secondary evidence, electronic and digital records, proof of signatures and attested documents, and public documents.

Key sections explained

• BSA 57. Primary evidence.Earlier law: Evidence Act 62
• BSA 58. Secondary evidence.Earlier law: Evidence Act 63
• BSA 61. Electronic or digital record.
  An electronic or digital record cannot be denied admissibility only because it is electronic. Subject to Section 63, it has the same legal effect as other documents.
• BSA 62. Special provisions as to evidence relating to electronic record.
  The contents of electronic records can be proved under Section 63.
• BSA 63. Admissibility of electronic records.
  Computer output is treated as a document and is admissible without producing the original if the conditions in the section are met. A certificate, for which a format is given in the Schedule, has to be submitted with the electronic record.Earlier law: Evidence Act 65B

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

When documentary evidence excludes oral evidence about the terms of a document.

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

Burden of proof and presumptions, including presumptions about documents, electronic records, dowry death and consent in rape cases.

Key sections explained

• BSA 106. Burden of proof as to particular fact.
  Burden of proof as to a particular fact.Earlier law: Evidence Act 106
• BSA 118. Presumption as to dowry death.
  Presumption as to dowry death: where a woman was subjected to cruelty or harassment for dowry soon before her death, the court presumes the person caused the dowry death.
• BSA 120. Presumption as to absence of consent in certain prosecution for rape.
  In a rape prosecution under Section 64(2) of the BNS, if sexual intercourse is proved and the woman says in court that she did not consent, the court presumes she did not consent.

All sections in this chapter

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

Estoppel: when a person is stopped from denying something they earlier led others to believe.

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

Witnesses: who may testify and privileged communications.

Key sections explained

• BSA 124. Who may testify.
  Who may testify as a witness.
• BSA 132. Professional communications.
  Professional communications and when they are protected.
• BSA 137. Witness not excused from answering on ground that answer will criminate.
  A witness cannot refuse to answer only because the answer may incriminate them.

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

Examination of witnesses: examination-in-chief, cross-examination, re-examination and the questions that may be asked.

Key sections explained

• BSA 141. Judge to decide as to admissibility of evidence.
  The judge decides whether evidence is admissible.
• BSA 149. Questions lawful in cross examination.
  Questions that are lawful in cross-examination.

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

The effect of improper admission or rejection of evidence.

All sections in this chapter

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

Repeal of the earlier law and savings.

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• 170. Repeal and savings.