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BSA to Evidence Act, section by section

Every section of the Bharatiya Sakshya Adhiniyam, 2023 with its counterpart in the Indian Evidence Act, 1872. Open a section for its headings, how it moved, and which code applies.

All 170 sections

BSA	Heading	Evidence Act
1	Short title, application and commencement.	1
2	Definitions.	3 and 4
3	Evidence maybe given of facts in issue and relevant facts.	5
4	Relevancy of facts forming part of same transaction.	6
5	Facts which are occasion, cause or effect of facts in issue or relevant facts.	7
6	Motive, preparation and previous or subsequent conduct.	8
7	Facts necessary to explain or introduce fact in issue or relevant facts.	9
8	Things said or done by conspirator in reference to common design.	10
9	When facts not otherwise relevant become relevant.	11
10	Facts tending to enable Court to determine amount are relevant in suits for damages.	12
11	Facts relevant when right or custom is in question.	13
12	Facts showing existence of state of mind, or of body or bodily feeling.	14
13	Facts bearing on question whether act was accidental or intentional.	15
14	Existence of course of business when relevant.	16
15	Admission defined.	17
16	Admission by party to proceeding or his agent.	18
17	Admissions by persons whose position must be proved as against party to suit.	19
18	Admissions by persons expressly referred to by party to suit.	20
19	Proof of admissions against persons making them, and by or on their behalf.	21
20	When oral admissions as to contents of documents are relevant.	22
21	Admissions in civil cases when relevant.	23
22	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.	24
23	Confession to police officer.	25 and 26
24	Consideration of proved confession affecting person making it and others jointly under trial for same offence.	30
25	Admissions not conclusive proof, but may estop.	31
26	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.	32
27	Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.	33
28	Entries in books of account when relevant.	34
29	Relevancy of entry in public record or an electronic record made in performance of duty.	35
30	Relevancy of statements in maps, charts and plans.	36
31	Relevancy of statement as to fact of public nature contained in certain Acts or notifications.	37
32	Relevancy of statements as to any law contained in law books including electronic or digital form.	38
33	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.	39
34	Previous judgments relevant to bar a second suit or trial.	40
35	Relevancy of certain judgments in probate, etc., jurisdiction.	41
36	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section3541 IEA.	42
37	Judgments, etc., other than those mentioned in sections 34, 35 and 36 40to 42 IEA when relevant.	43
38	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.	44
39	Opinions of experts.	45 and 45A
40	Facts bearing upon opinions of experts.	46
41	Opinion as to handwriting and signature, when relevant.	47 and 47A
42	Opinion as to existence of general custom or right, when relevant.	48
43	Opinion as to usages, tenets, etc., when relevant.	49
44	Opinion on relationship, when relevant.	50
45	Grounds of opinion, when relevant.	51
46	In civil cases character to prove conduct imputed, irrelevant.	52
47	In criminal cases previous good character relevant.	53
48	Evidence of character or previous sexual experience not relevant in certain cases.	53A
49	Previous bad character not relevant, except in reply.	54
50	Character as affecting damages.	55
51	Fact judicially noticeable need not be proved.	56
52	Facts of which Court shall take judicial notice.	57
53	Facts admitted need not be proved.	58
54	Proof of facts by oral evidence.	59
55	Oral evidence to be direct.	60
56	Proof of contents of documents.	61
57	Primary evidence.	62
58	Secondary evidence.	63
59	Proof of documents by primary evidence.	64
60	Cases in which secondary evidence relating to documents may be given.	65
61	Electronic or digital record.	None
62	Special provisions as to evidence relating to electronic record.	65A
63	Admissibility of electronic records.	65B
64	Rules as to notice to produce.	66
65	Proof of signature and handwriting of person alleged to have signed or written document produced.	67
66	Proof as to electronic signature.	67A
67	Proof of execution of document required by law to be attested.	68
68	Proof where no attesting witness found.	69
69	Admission of execution by party to attested document.	70
70	Proof when attesting witness denies execution.	71
71	Proof of document not required by law to be attested.	72
72	Comparison of signature, writing or seal with others admitted or proved.	73
73	Proof as to verification of digital signature.	73A
74	Public and private documents.	74 and 75
75	Certified copies of public documents.	76
76	Proof of documents by production of certified copies.	77
77	Proof of other official documents.	78
78	Presumption as to genuineness of certified copies.	79
79	Presumption as to documents produced as record of evidence, etc.	80
80	Presumption as to Gazettes, newspapers, private Acts of parliament and other documents.	81
81	Presumption as to Gazettes in electronic or digital record.	81A
82	Presumption as to maps or plans made by authority of Government.	83
83	Presumption as to collections of laws and reports of decisions.	84
84	Presumption as to powers-of-attorney.	85
85	Presumption as to electronic agreements.	85A
86	Presumption as to electronic records and electronic signatures.	85B
87	Presumption as to Electronic Signature Certificates.	85C
88	Presumption as to certified copies of foreign judicial records.	86
89	Presumption as to books, maps and charts.	87
90	Presumption as to electronic messages.	88A
91	Presumption as to due execution, etc., of documents not produced.	89
92	Presumption as to documents thirty years old.	90
93	Presumption as to electronic records five years old.	90A
94	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.	91
95	Exclusion of evidence of oral agreement.	92
96	Exclusion of evidence to explain or amend ambiguous document.	93
97	Exclusion of evidence against application of document to existing facts.	94
98	Evidence as to document unmeaning in reference to existing facts.	95
99	Evidence as to application of language which can apply to one only of several persons.	96
100	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.	97
101	Evidence as to meaning of illegible characters, etc.	98
102	Who may give evidence of agreement varying terms of document.	99
103	Saving of provisions of Indian Succession Act relating to wills.	100
104	Burden of proof.	101
105	On whom burden of proof lies.	102
106	Burden of proof as to particular fact.	103
107	Burden of proving fact to be proved to make evidence admissible.	104
108	Burden of proving that case of accused comes within exceptions.	105
109	Burden of proving fact especially within knowledge.	106
110	Burden of proving death of person known to have been alive within thirty years.	107
111	Burden of proving that person is alive who has not been heard of for seven years.	108
112	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.	109
113	Burden of proof as to ownership.	110
114	Proof of good faith in transactions where one party is in relation of active confidence.	111
115	Presumption as to certain offences.	111A
116	Birth during marriage, conclusive proof of legitimacy.	112
117	Presumption as to abetment of suicide by a married woman.	113A
118	Presumption as to dowry death.	113B
119	Court may presume existence of certain facts.	114
120	Presumption as to absence of consent in certain prosecution for rape.	114A
121	Estoppel.	115
122	Estoppel of tenant and of licensee of person in possession.	116
123	Estoppel of acceptor of bill of exchange, bailee or licensee.	117
124	Who may testify.	118
125	Witness unable to communicate verbally.	119
126	Competency of husband and wife as witnesses in certain cases.	120
127	Judges and Magistrates.	121
128	Communications during marriage.	122
129	Evidence as to affairs of State.	123
130	Official communications.	124
131	Information as to commission of offences.	125
132	Professional communications.	126 and 127
133	Privilege not waived by volunteering evidence.	128
134	Confidential communication with legal advisers.	129
135	Production of title-deeds of witness not a party.	130
136	Production of documents or electronic records which another person, having possession, could refuse to produce.	131
137	Witness not excused from answering on ground that answer will criminate.	132
138	Accomplice.	133
139	Number of witnesses.	134
140	Order of production and examination of witnesses.	135
141	Judge to decide as to admissibility of evidence.	136
142	Examination of witnesses.	137
143	Order of examinations.	138
144	Cross-examination of person called to produce a document.	139
145	Witnesses to character.	140
146	Leading questions.	141, 142 and 143
147	Evidence as to matters in writing.	144
148	Cross-examination as to previous statements in writing.	145
149	Questions lawful in cross-examination.	146
150	When witness to be compelled to answer.	147
151	Court to decide when question shall be asked and when witness compelled to answer.	148
152	Question not to be asked without reasonable grounds.	149
153	Procedure of Court in case of question being asked without reasonable grounds.	150
154	Indecent and scandalous questions.	151
155	Questions intended to insult or annoy.	152
156	Exclusion of evidence to contradict answers to questions testing veracity.	153
157	Question by party to his own witness.	154
158	Impeaching credit of witness.	155
159	Questions tending to corroborate evidence of relevant fact, admissible.	156
160	Former statements of witness may be proved to corroborate later testimony as to same fact.	157
161	What matters may be proved in connection with proved statement relevant under section 26 or 27. section 32 or 33.	158
162	Refreshing memory.	159
163	Testimony to facts stated in document mentioned in section 162159.	160
164	Right of adverse party as to writing used to refresh memory.	161
165	Production of documents.	162
166	Giving, as evidence, of document called for and produced on notice.	163
167	Using, as evidence, of document production of which was refused on notice.	164
168	Judge's power to put questions or order production.	165
169	No new trial for improper admission or rejection of evidence.	167
170	Repeal and savings.	None

Which code applies

The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. An application, trial, inquiry, investigation, proceeding or appeal already pending on that date is dealt with under the Indian Evidence Act.

“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, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement”
BSA section 170(2)

Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.

Sources

Section numbers follow the correspondence table prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023 as published, and from the table. The official text governs: read the section itself before you rely on it.