Bharatiya Sakshya Adhiniyam

9 indexed judgments cite this act. Sections below link to the judgments in the corpus that rely on them, alongside a recently decided selection.

Sections in the index

Section 1(1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.
Section 2(1) In this Adhiniyam, unless the context otherwise requires,—
Section 3Evidence may be given in any suit or proceeding of the existence or non-existence
Section 4Facts which, though not in issue, are so connected with a fact in issue or a
Section 5Facts which are the occasion, cause or effect, immediate or otherwise, of relevant
Section 6(1) Any fact is relevant which shows or constitutes a motive or preparation for any
Section 7Facts necessary to explain or introduce a fact in issue or relevant fact, or which
Section 8Where there is reasonable ground to believe that two or more persons have
Section 9Facts not otherwise relevant are relevant—
Section 10In suits in which damages are claimed, any fact which will enable the Court to
Section 11Where the question is as to the existence of any right or custom, the following
Section 12Facts showing the existence of any state of mind, such as intention, knowledge,
Section 13When there is a question whether an act was accidental or intentional, or done
Section 14When there is a question whether a particular act was done, the existence of any
Section 15An admission is a statement, oral or documentary or contained in electronic form,
Section 16(1) Statements made by a party to the proceeding, or by an agent to any such
Section 17Statements made by persons whose position or liability, it is necessary to prove
Section 18Statements made by persons to whom a party to the suit has expressly referred
Section 19Admissions are relevant and may be proved as against the person who makes
Section 20Oral admissions as to the contents of a document are not relevant, unless and
Section 21In civil cases no admission is relevant, if it is made either upon an express condition
Section 22A confession made by an accused person is irrelevant in a criminal proceeding, if
Section 23(1) No confession made to a police officer shall be proved as against a person
Section 24When more persons than one are being tried jointly for the same offence, and a
Section 25Admissions are not conclusive proof of the matters admitted but they may operate
Section 26Statements, written or verbal, of relevant facts made by a person who is dead, or
Section 27Evidence given by a witness in a judicial proceeding, or before any person
Section 28Entries in the books of account, including those maintained in an electronic form,
Section 29An entry in any public or other official book, register or record or an electronic
Section 30Statements of facts in issue or relevant facts, made in published maps or charts
Section 31When the Court has to form an opinion as to the existence of any fact of a public
Section 32When the Court has to form an opinion as to a law of any country, any statement
Section 33When any statement of which evidence is given forms part of a longer statement,
Section 34The existence of any judgment, order or decree which by law prevents any Court
Section 35(1) A final judgment, order or decree of a competent Court or Tribunal, in the
Section 36Judgments, orders or decrees other than those mentioned in section 35 are relevant
Section 37Judgments or orders or decrees, other than those mentioned in sections 34, 35
Section 38Any party to a suit or other proceeding may show that any judgment, order or
Section 39(1) When the Court has to form an opinion upon a point of foreign law or of
Section 40Facts, not otherwise relevant, are relevant if they support or are inconsistent
Section 41(1) When the Court has to form an opinion as to the person by whom any document
Section 42When the Court has to form an opinion as to the existence of any general custom
Section 43When the Court has to form an opinion as to—
Section 44When the Court has to form an opinion as to the relationship of one person to
Section 45Whenever the opinion of any living person is relevant, the grounds on which
Section 46In civil cases the fact that the character of any person concerned is such as to
Section 47In criminal proceedings the fact that the person accused is of a good character, is
Section 48In a prosecution for an offence under section 64, section 65, section 66,
Section 49In criminal proceedings, the fact that the accused has a bad character, is irrelevant,
Section 50In civil cases, the fact that the character of any person is such as to affect the
Section 51No fact of which the Court will take judicial notice need be proved.
Section 52(1) The Court shall take judicial notice of the following facts, namely:—
Section 53No fact needs to be proved in any proceeding which the parties thereto or their
Section 54All facts, except the contents of documents may be proved by oral evidence.
Section 55Oral evidence shall, in all cases whatever, be direct; if it refers to,—
Section 56The contents of documents may be proved either by primary or by secondary
Section 57Primary evidence means the document itself produced for the inspection of the
Section 58Secondary evidence includes—
Section 59Documents shall be proved by primary evidence except in the cases hereinafter
Section 60Secondary evidence may be given of the existence, condition, or contents of a
Section 61Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic
Section 62The contents of electronic records may be proved in accordance with the
Section 63(1) Notwithstanding anything contained in this Adhiniyam, any information
Section 64Secondary evidence of the contents of the documents referred to in clause (a) of
Section 65If a document is alleged to be signed or to have been written wholly or in part by
Section 66Except in the case of a secure electronic signature, if the electronic signature of
Section 67If a document is required by law to be attested, it shall not be used as evidence
Section 68If no such attesting witness can be found, it must be proved that the attestation
Section 69The admission of a party to an attested document of its execution by himself
Section 70If the attesting witness denies or does not recollect the execution of the document,
Section 71An attested document not required by law to be attested may be proved as if it
Section 72(1) In order to ascertain whether a signature, writing or seal is that of the person
Section 73In order to ascertain whether a digital signature is that of the person by whom it
Section 74(1) The following documents are public documents:—
Section 75Every public officer having the custody of a public document, which any person
Section 76Such certified copies may be produced in proof of the contents of the public
Section 77The following public documents may be proved as follows:—
Section 78(1) The Court shall presume to be genuine every document purporting to be a
Section 79Whenever any document is produced before any Court, purporting to be a record
Section 80The Court shall presume the genuineness of every document purporting to be
Section 81The Court shall presume the genuineness of every electronic or digital record
Section 82The Court shall presume that maps or plans purporting to be made by the authority
Section 83The Court shall presume the genuineness of, every book purporting to be printed
Section 84The Court shall presume that every document purporting to be a
Section 85The Court shall presume that every electronic record purporting to be an agreement
Section 86(1) In any proceeding involving a secure electronic record, the Court shall presume
Section 87The Court shall presume, unless contrary is proved, that the information listed in
Section 88(1) The Court may presume that any document purporting to be a certified copy of
Section 89The Court may presume that any book to which it may refer for information on
Section 90The Court may presume that an electronic message, forwarded by the originator
Section 91The Court shall presume that every document, called for and not produced after
Section 92Where any document, purporting or proved to be thirty years old, is produced
Section 93Where any electronic record, purporting or proved to be five years old, is produced
Section 94When the terms of a contract, or of a grant, or of any other disposition of property,
Section 95When the terms of any such contract, grant or other disposition of property, or
Section 96When the language used in a document is, on its face, ambiguous or defective,
Section 97When language used in a document is plain in itself, and when it applies accurately
Section 98When language used in a document is plain in itself, but is unmeaning in reference
Section 99When the facts are such that the language used might have been meant to apply
Section 100When the language used applies partly to one set of existing facts, and partly to
Section 101Evidence may be given to show the meaning of illegible or not commonly
Section 102Persons who are not parties to a document, or their representatives in interest,
Section 103Nothing in this Chapter shall be taken to affect any of the provisions of the
Section 104Whoever desires any Court to give judgment as to any legal right or liability
Section 105The burden of proof in a suit or proceeding lies on that person who would fail if
Section 106The burden of proof as to any particular fact lies on that person who wishes the
Section 107The burden of proving any fact necessary to be proved in order to enable any
Section 108When a person is accused of any offence, the burden of proving the existence of
Section 109When any fact is especially within the knowledge of any person, the burden of
Section 110When the question is whether a man is alive or dead, and it is shown that he was
Section 111When the question is whether a man is alive or dead, and it is proved that he has
Section 112When the question is whether persons are partners, landlord and tenant, or
Section 113When the question is whether any person is owner of anything of which he is
Section 114Where there is a question as to the good faith of a transaction between parties,
Section 115(1) Where a person is accused of having committed any offence specified in
Section 116The fact that any person was born during the continuance of a valid marriage
Section 117When the question is whether the commission of suicide by a woman had been
Section 118When the question is whether a person has committed the dowry death of a
Section 119(1) The Court may presume the existence of any fact which it thinks likely to have
Section 120In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya
Section 121When one person has, by his declaration, act or omission, intentionally caused
Section 122No tenant of immovable property, or person claiming through such tenant, shall,
Section 123No acceptor of a bill of exchange shall be permitted to deny that the drawer had
Section 124All persons shall be competent to testify unless the Court considers that they
Section 125A witness who is unable to speak may give his evidence in any other manner in
Section 126(1) In all civil proceedings the parties to the suit, and the husband or wife of any
Section 127No Judge or Magistrate shall, except upon the special order of some Court to
Section 128No person who is or has been married, shall be compelled to disclose any
Section 129No one shall be permitted to give any evidence derived from unpublished official
Section 130No public officer shall be compelled to disclose communications made to him in
Section 131No Magistrate or police officer shall be compelled to say when he got any
Section 132(1) No advocate, shall at any time be permitted, unless with his client's express
Section 133If any party to a suit gives evidence therein at his own instance or otherwise, he
Section 134No one shall be compelled to disclose to the Court any confidential communication
Section 135No witness who is not a party to a suit shall be compelled to produce his
Section 136No one shall be compelled to produce documents in his possession or electronic
Section 137A witness shall not be excused from answering any question as to any matter
Section 138An accomplice shall be a competent witness against an accused person;
Section 139No particular number of witnesses shall in any case be required for the proof of
Section 140The order in which witnesses are produced and examined shall be regulated by
Section 141(1) When either party proposes to give evidence of any fact, the Judge may ask
Section 142(1) The examination of a witness by the party who calls him shall be called his
Section 143(1) Witnesses shall be first examined-in-chief, then (if the adverse party so
Section 144A person summoned to produce a document does not become a witness by the
Section 145Witnesses to character may be cross-examined and re-examined.
Section 146(1) Any question suggesting the answer which the person putting it wishes or
Section 147Any witness may be asked, while under examination, whether any contract,
Section 148A witness may be cross-examined as to previous statements made by him in
Section 149When a witness is cross-examined, he may, in addition to the questions
Section 150If any such question relates to a matter relevant to the suit or proceeding, the
Section 151(1) If any such question relates to a matter not relevant to the suit or proceeding,
Section 152No such question as is referred to in section 151 ought to be asked, unless the
Section 153If the Court is of opinion that any such question was asked without reasonable
Section 154The Court may forbid any questions or inquiries which it regards as indecent or
Section 155The Court shall forbid any question which appears to it to be intended to insult
Section 156When a witness has been asked and has answered any question which is relevant
Section 157(1) The Court may, in its discretion, permit the person who calls a witness to put
Section 158The credit of a witness may be impeached in the following ways by the adverse
Section 159When a witness whom it is intended to corroborate gives evidence of any
Section 160In order to corroborate the testimony of a witness, any former statement made by
Section 161Whenever any statement, relevant under section 26 or 27, is proved, all matters
Section 162(1) A witness may, while under examination, refresh his memory by referring to
Section 163A witness may also testify to facts mentioned in any such document as is
Section 164Any writing referred to under the provisions of the two last preceding sections
Section 165(1) A witness summoned to produce a document shall, if it is in his possession or
Section 166When a party calls for a document which he has given the other party notice to
Section 167When a party refuses to produce a document which he has had notice to produce,
Section 168The Judge may, in order to discover or obtain proof of relevant facts, ask any
Section 169The improper admission or rejection of evidence shall not be ground of itself for
Section 170(1) The Indian Evidence Act, 1872 is hereby repealed.

Sections in the index

Recently decided under this act