BHARATIYA SAKSHYA ADHINIYAM, 2023 - Evidence Act - BSA

BHARATIYA SAKSHYA ADHINIYAM, 2023 - Evidence Act - BSA

Intro. NO. 47 OF 2023

Chapter.I PRELIMINARY

S.1 Short title, application and commencement

S.2 Definitions -

Chapter.II RELEVANCY OF FACTS

S.3 Evidence may be given of facts in issue and relevant facts -

S.4 Relevancy of facts forming part of same transaction -

S.5 Facts which are occasion, cause or effect of facts in issue or relevant facts -

S.6 Motive, preparation and previous or subsequent conduct -

S.7 Facts necessary to explain or introduce fact in issue or relevant facts -

S.8 Things said or done by conspirator in reference to common design -

S.9 When facts not otherwise relevant become relevant -

S.10 Facts tending to enable Court to determine amount are relevant in suits for damages -

S.11 Facts relevant when right or custom is in question -

S.12 Facts showing existence of state of mind, or of body or bodily feeling -

S.13 Facts bearing on question whether act was accidental or intentional -

S.14 Existence of course of business when relevant -

S.15 Admission defined -

S.16 Admission by party to proceeding or his agent -

S.17 Admissions by persons whose position must be proved as against party to suit -

S.18 Admissions by persons expressly referred to by party to suit -

S.19 Proof of admissions against persons making them, and by or on their behalf -

S.20 When oral admissions as to contents of documents are relevant -

S.21 Admissions in civil cases when relevant -

S.22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding -

S.23 Confession to police officer -

S.24 Consideration of proved confession affecting person making it and others jointly under trial for same offence -

S.25 Admissions not conclusive proof, but may estop -

S.26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant -

S.27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated -

S.28 Entries in books of account when relevant -

S.29 Relevancy of entry in public record or an electronic record made in performance of duty -

S.30 Relevancy of statements in maps, charts and plans -

S.31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications -

S.32 Relevancy of statements as to any law contained in law books including electronic or digital form -

S.33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers -

S.34 Previous judgments relevant to bar a second suit or trial -

S.35 Relevancy of certain judgments in probate, etc., jurisdiction -

S.36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 -

S.37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant -

S.38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved -

S.39 Opinions of experts -

S.40 Facts bearing upon opinions of experts

S.41 Opinion as to handwriting and signature, when relevant -

S.42 Opinion as to existence of general custom or right, when relevant -

S.43 Opinion as to usages, tenets, etc., when relevant -

S.44 Opinion on relationship, when relevant -

S.45 Grounds of opinion, when relevant

S.46 In civil cases character to prove conduct imputed, irrelevant -

S.47 In criminal cases previous good character relevant -

S.48 Evidence of character or previous sexual experience not relevant in certain cases -

S.49 Previous bad character not relevant, except in reply -

S.50 Character as affecting damages -

Chapter.III FACTS WHICH NEED NOT BE PROVED

S.51 Fact judicially noticeable need not be proved -

S.52 Facts of which Court shall take judicial notice -

S.53 Facts admitted need not be proved -

Chapter.IV OF ORAL EVIDENCE

S.54 Proof of facts by oral evidence -

S.55 Oral evidence to be direct

Chapter.V OF DOCUMENTARY EVIDENCE

S.56 Proof of contents of documents -

S.57 Primary evidence -

S.58 Secondary evidence -

S.59 Proof of documents by primary evidence -

S.60 Cases in which secondary evidence relating to documents may be given -

S.61 Electronic or digital record -

S.62 Special provisions as to evidence relating to electronic record -

S.63 Admissibility of electronic records -

S.64 Rules as to notice to produce -

S.65 Proof of signature and handwriting of person alleged to have signed or written document produced -

S.66 Proof as to electronic signature -

S.67 Proof of execution of document required by law to be attested -

S.68 Proof where no attesting witness found -

S.69 Admission of execution by party to attested document -

S.70 Proof when attesting witness denies execution -

S.71 Proof of document not required by law to be attested -

S.72 Comparison of signature, writing or seal with others admitted or proved -

S.73 Proof as to verification of digital signature -

S.74 Public and private documents -

S.75 Certified copies of public documents -

S.76 Proof of documents by production of certified copies -

S.77 Proof of other official documents -

S.78 Presumption as to genuineness of certified copies -

S.79 Presumption as to documents produced as record of evidence, etc. -

S.80 Presumption as to Gazettes, newspapers, and other documents -

S.81 Presumption as to Gazettes in electronic or digital record

S.82 Presumption as to maps or plans made by authority of Government -

S.83 Presumption as to collections of laws and reports of decisions -

S.84 Presumption as to powers-of-attorney -

S.85 Presumption as to electronic agreements. -

S.86 Presumption as to electronic records and electronic signatures. -

S.87 Presumption as to Electronic Signature Certificates. -

S.88 Presumption as to certified copies of foreign judicial records. -

S.89 Presumption as to books, maps and charts. -

S.90 Presumption as to electronic messages.

S.91 Presumption as to due execution, etc., of documents not produced -

S.92 Presumption as to documents thirty years old. -

S.93 Presumption as to electronic records five years old -

Chapter.VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

S.94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

S.95 Exclusion of evidence of oral agreement -

S.96 Exclusion of evidence to explain or amend ambiguous document -

S.97 Exclusion of evidence against application of document to existing facts. -

S.98 Evidence as to document unmeaning in reference to existing facts -

S.99 Evidence as to application of language which can apply to one only of several persons. -

S.100 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.

S.101 Evidence as to meaning of illegible characters, etc. -

S.102 Who may give evidence of agreement varying terms of document.

S.103 Saving of provisions of Indian Succession Act relating to wills. -

Chapter.VII OF THE BURDEN OF PROOF

S.104 Burden of proof

S.105 On whom burden of proof lies -

S.106 Burden of proof as to particular fact -

S.107 Burden of proving fact to be proved to make evidence admissible -

S.108 Burden of proving that case of accused comes within exceptions. -

S.109 Burden of proving fact especially within knowledge -

S.110 Burden of proving death of person known to have been alive within thirty years -

S.111 Burden of proving that person is alive who has not been heard of for seven years -

S.112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent -

S.113 Burden of proof as to ownership -

S.114 Proof of good faith in transactions where one party is in relation of active confidence -

S.115 Presumption as to certain offences -

S.116 Birth during marriage, conclusive proof of legitimacy -

S.117 Presumption as to abetment of suicide by a married woman -

S.118 Presumption as to dowry death -

S.119 Court may presume existence of certain facts. -

S.120 Presumption as to absence of consent in certain prosecution for rape.

Chapter.VIII ESTOPPEL

S.121 Estoppel.

S.122 Estoppel of tenant and of licensee of person in possession -

S.123 Estoppel of acceptor of bill of exchange, bailee or licensee. -

Chapter.IX OF WITNESSES

S.124 Who may testify -

S.125 Witness unable to communicate verbally -

S.126 Competency of husband and wife as witnesses in certain cases -

S.127 Judges and Magistrates -

S.128 Communications during marriage -

S.129 Evidence as to affairs of State. -

S.130 Official communications -

S.131 Information as to commission of offences -

S.132 Professional communications. -

S.133 Privilege not waived by volunteering evidence -

S.134 Confidential communication with legal advisers -

S.135 Production of title-deeds of witness not a party -

S.136 Production of documents or electronic records which another person, having possession, could refuse to produce. -

S.137 Witness not excused from answering on ground that answer will criminate -

S.138 Accomplice -

S.139 Number of witnesses -

Chapter.X OF EXAMINATION OF WITNESSES

S.140 Order of production and examination of witnesses -

S.141 Judge to decide as to admissibility of evidence -

S.142 Examination of witnesses -

S.143 Order of examinations -

S.144 Cross-examination of person called to produce a document -

S.145 Witnesses to character -

S.146 Leading questions -

S.147 Evidence as to matters in writing -

S.148 Cross-examination as to previous statements in writing -

S.149 Questions lawful in cross-examination

S.150 When witness to be compelled to answer -

S.151 Court to decide when question shall be asked and when witness compelled to answer. -

S.152 Question not to be asked without reasonable grounds. -

S.153 Procedure of Court in case of question being asked without reasonable grounds. -

S.154 Indecent and scandalous questions. -

S.155 Questions intended to insult or annoy. -

S.156 Exclusion of evidence to contradict answers to questions testing veracity. -

S.157 Question by party to his own witness. -

S.158 Impeaching credit of witness. -

S.159 Questions tending to corroborate evidence of relevant fact, admissible. -

S.160 Former statements of witness may be proved to corroborate later testimony as to same fact. -

S.161 What matters may be proved in connection with proved statement relevant under section 26 or 27.

S.162 Refreshing memory -

S.163 Testimony to facts stated in document mentioned in section 162 -

S.164 Right of adverse party as to writing used to refresh memory -

S.165 Production of documents. -

S.166 Giving, as evidence, of document called for and produced on notice. -

S.167 Using, as evidence, of document production of which was refused on notice. -

S.168 Judge's power to put questions or order production.

Chapter.XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

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

Chapter.XII REPEAL AND SAVINGS

S.170 Repeal and savings -

Schedule [See section 63(4)(c)]

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