Bharatiya Sakshya Adhiniyam, 2023

Browse all 170 sections of the BSA.

All Sections

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

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