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Evidence Act to BSA, section by section

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

All 176 sections

Evidence Act	Heading	BSA
1	Short title. Extent. Commencement of Act.	1
3	Interpretation-clause. “Court”. “Fact”. “Relevant”. “Facts in issue”. “Document”. “Evidence”. “Proved”. “Disproved”. “Not proved”. “India”.	2 and 2(1)
4	“May Presume.” “Shall presume.” “Conclusive proof”.	2(1)
5	Evidence may be given of facts in issue and relevant facts.	3
6	Relevancy of facts forming part of same transaction.	4
7	Facts which are the occasion, cause or effect of facts in issue.	5
8	Motive, preparation and previous or subsequent conduct.	6
9	Facts necessary to explain or introduce relevant facts.	7
10	Things said or done by conspirator in reference to common design.	8
11	When facts not otherwise relevant become relevant.	9
12	In suits for damages, facts tending to enable Court to determine amount are relevant.	10
13	Facts relevant when right or custom is in question.	11
14	Facts showing existence of state of mind, or of body, or bodily feeling.	12
15	Facts bearing on question whether act was accidental or intentional.	13
16	Existence of course of business when relevant.	14
17	Admission defined.	15
18	Admission— by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived.	16
19	Admissions by persons whose position must be proved as against party to suit.	17
20	Admissions by persons expressly referred to by party to suit.	18
21	Proof of admissions against persons making them, and by or on their behalf.	19
22	When oral admissions as to contents of documents are relevant.	20
23	Admissions in civil cases when relevant.	21
24	Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.	22(1)
25	Confession to police-officer not to be proved.	23(1)
26	Confession by accused while in custody of Police not to be proved against him.	23(2)
30	Consideration of proved confession affecting person making it and others jointly under trial for same offence.	24
31	Admissions not conclusive proof, but may estop.	25
32	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons and expresses feelings relevant to matter in question.	26
33	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.	27
34	Entries in books of account when relevant.	28
35	Relevancy of entry in public record made in performance of duty.	29
36	Relevancy of statements in maps, charts and plans.	30
37	Relevancy of statement as to fact of public nature contained in certain Acts or notifications.	31
38	Relevancy of statements as to any law contained in law-books.	32
39	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.	33
40	Previous judgments relevant to bar a second suit or trial.	34
41	Relevancy of certain judgments in probate, etc., jurisdiction.	35
42	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.	36
43	Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.	37
44	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.	38
45	Opinions of experts.	39(1)
45A	Opinion of Examiner of Electronic Evidence.	39(2)
46	Facts bearing upon opinions of experts.	40
47	Opinion as to handwriting, when relevant.	41(1)
47A	Opinion as to digital signature, when relevant.	41(2)
48	Opinion as to existence of right or custom, when relevant.	42
49	Opinion as to usages, tenets, etc., when relevant.	43
50	Opinion on relationship, when relevant.	44
51	Grounds of opinion, when relevant.	45
52	In civil cases character to prove conduct imputed, irrelevant.	46
53	In criminal cases previous good character relevant.	47
53A	Evidence of character or previous sexual experience not relevant in certain cases.	48
54	Previous bad character not relevant, except in reply.	49
55	Character as affecting damages.	50
56	Fact judicially noticeable need not be proved.	51
57	Facts of which Court must take judicial notice.	52
58	Facts admitted need not be proved.	53
59	Proof of facts by oral evidence.	54
60	Oral evidence must be direct.	55
61	Proof of contents of documents.	56
62	Primary evidence.	57
63	Secondary evidence.	58
64	Proof of documents by primary evidence.	59
65	Cases in which secondary evidence relating to documents may be given.	60
65A	Special provisions as to evidence relating to electronic record.	62
65B	Admissibility of electronic records.	63
66	Rules as to notice to produce.	64
67	Proof of signature and handwriting of person alleged to have signed or written document produced.	65
67A	Proof as to electronic signature.	66
68	Proof of execution of document required by law to be attested.	67
69	Proof where no attesting witness found.	68
70	Admission of execution by party to attested document.	69
71	Proof when attesting witness denies the execution.	70
72	Proof of document not required by law to be attested.	71
73	Comparison of signature, writing or seal with others admitted or proved.	72
73A	Proof as to verification of digital signature.	73
74	Public documents.	74(1)
75	Private documents.	74(2)
76	Certified copies of public documents.	75
77	Proof of documents by production of certified copies.	76
78	Proof of other official documents.	77
79	Presumption as to genuineness of certified copies.	78
80	Presumption as to documents produced as record of evidence.	79
81	Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.	80
81A	Presumption as to Gazettes in electronic forms.	81
83	Presumption as to maps or plans made by authority of Government.	82
84	Presumption as to collections of laws and reports of decisions.	83
85	Presumptions as to powers-of-attorney.	84
85A	Presumption as to electronic agreements.	85
85B	Presumption as to electronic records and electronic signatures.	86
85C	Presumption as to Electronic Signature Certificates.	87
86	Presumption as to certified copies of foreign judicial records.	88
87	Presumption as to books, maps and charts.	89
88A	Presumption as to electronic messages.	90
89	Presumption as to due execution, etc., of documents not produced.	91
90	Presumption as to documents thirty years old.	92
90A	Presumption as to electronic records five years old.	93
91	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.	94
92	Exclusion of evidence of oral agreement.	95
93	Exclusion of evidence to explain or amend ambiguous document.	96
94	Exclusion of evidence against application of document to existing facts.	97
95	Evidence as to document unmeaning in reference to existing facts.	98
96	Evidence as to application of language which can apply to one only of several persons.	99
97	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.	100
98	Evidence as to meaning of illegible characters, etc.	101
99	Who may give evidence of agreement varying terms of document.	102
100	Saving of provisions of Indian Succession Act relating to wills.	103
101	Burden of proof.	104
102	On whom burden of proof lies.	105
103	Burden of proof as to particular fact.	106
104	Burden of proving fact to be proved to make evidence admissible.	107
105	Burden of proving that case of accused comes within exceptions.	108
106	Burden of proving fact especially within knowledge.	109
107	Burden of proving death of person known to have been alive within thirty years.	110
108	Burden of proving that person is alive who has not been heard of for seven years.	111
109	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.	112
110	Burden of proof as to ownership.	113
111	Proof of good faith in transactions where one party is in relation of active confidence.	114
111A	Presumption as to certain offences.	115
112	Birth during marriage, conclusive proof of legitimacy.	116
113A	Presumption as to abetment of suicide by a married woman.	117
113B	Presumption as to dowry death.	118
114	Court may presume existence of certain facts.	119
114A	Presumption as to absence of consent in certain prosecution for rape	120
115	Estoppel.	121
116	Estoppel of tenants and of licensee of person in possession.	122
117	Estoppel of acceptor of bill of exchange, bailee or licensee.	123
118	Who may testify.	124
119	Witness unable to communicate verbally.	125
120	Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.	126
121	Judges and Magistrates.	127
122	Communications during marriage.	128
123	Evidence as to affairs of State.	129
124	Official communications.	130
125	Information as to commission of offences.	131
126	Professional communications.	132(1)
127	Section 126 to apply to interpreters, etc.	132(3)
128	Privilege not waived by volunteering evidence.	133
129	Confidential communications with legal advisers.	134
130	Production of title-deeds of witness not a party.	135
131	Production of documents or electronic records which another person, having possession, could refuse to produce.	136
132	Witness not excused from answering on ground that answer will criminate. Proviso.	137
133	Accomplice.	138
134	Number of witnesses.	139
135	Order of production and examination of witnesses.	140
136	Judge to decide as to admissibility of evidence.	141
137	Examination-in-chief. Cross-examination. Re-examination.	142
138	Order of examinations. Direction of re-examination.	143
139	Cross-examination of person called to produce a document.	144
140	Witnesses to character.	145
141	Leading questions.	146(1)
142	When they must not be asked.	146(2)
143	When they may be asked.	146(4)
144	Evidence as to matters in writing.	147
145	Cross-examination as to previous statements in writing.	148
146	Questions lawful in cross-examination.	149
147	When witness to be compelled to answer.	150
148	Court to decide when question shall be asked and when witness compelled to answer.	151
149	Question not to be asked without reasonable grounds.	152
150	Procedure of Court in case of question being asked without reasonable grounds.	153
151	Indecent and scandalous questions.	154
152	Questions intended to insult or annoy.	155
153	Exclusion of evidence to contradict answers to questions testing veracity.	156
154	Question by party to his own witness.	157
155	Impeaching credit of witness.	158
156	Questions tending to corroborate evidence of relevant fact, admissible.	159
157	Former statements of witness may be proved to corroborate later testimony as to same fact.	160
158	What matters may be proved in connection with proved statement relevant under section 32 or 33.	161
159	Refreshing memory. When witness may use copy of document to refresh memory.	162
160	Testimony to facts stated in document mentioned in section159.	163
161	Right of adverse party as to writing used to refresh memory.	164
162	Production of documents. Translation of documents.	165
163	Giving, as evidence, of document called for and produced on notice.	166
164	Using, as evidence, of document production of which was refused on notice.	167
165	Judge’s power to put questions or order production.	168
167	No new trial for improper admission or rejection of evidence.	169

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.