Bare Acts

The Bharatiya Sakshya Adhiniyam, 2023

2023 · Ministry of Home Affairs · In force · synced 04 Jul 2026

1.Short title, application and commencement 2.Definitions

II — RELEVANCY OF FACTS

3.Evidence may be given of facts in issue and relevant facts 4.Relevancy of facts forming part of same transaction 5.Facts which are occasion, cause or effect of facts in issue or relevant facts 6.Motive, preparation and previous or subsequent conduct 7.Facts necessary to explain or introduce fact in issue or relevant facts 8.Things said or done by conspirator in reference to common design 9.When facts not otherwise relevant become relevant 10.Facts tending to enable Court to determine amount are relevant in suits for damages 11.Facts relevant when right or custom is in question 12.Facts showing existence of state of mind, or of body or bodily feeling 13.Facts bearing on question whether act was accidental or intentional 14.Existence of course of business when relevant 15.Admission defined 16.Admission by party to proceeding or his agent 17.Admissions by persons whose position must be proved as against party to suit 18.Admissions by persons expressly referred to by party to suit 19.Proof of admissions against persons making them, and by or on their behalf 20.When oral admissions as to contents of documents are relevant 21.Admissions in civil cases when relevant 22.Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding 23.Confession to police officer 24.Consideration of proved confession affecting person making it and others jointly under trial for same offence 25.Admissions not conclusive proof, but may estop 26.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant 27.Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated 28.Entries in books of account when relevant 29.Relevancy of entry in public record or an electronic record made in performance of duty 30.Relevancy of statements in maps, charts and plans 31.Relevancy of statement as to fact of public nature contained in certain Acts or notifications 32.Relevancy of statements as to any law contained in law books including electronic or digital form 33.What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers 34.Previous judgments relevant to bar a second suit or trial 35.Relevancy of certain judgments in probate, etc., jurisdiction 36.Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 37.Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant 38.Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved 39.Opinions of experts 40.Facts bearing upon opinions of experts 41.Opinion as to handwriting and signature, when relevant 42.Opinion as to existence of general custom or right, when relevant 43.Opinion as to usages, tenets, etc., when relevant 44.Opinion on relationship, when relevant 45.Grounds of opinion, when relevant 46.In civil cases character to prove conduct imputed, irrelevant 47.In criminal cases previous good character relevant 48.Evidence of character or previous sexual experience not relevant in certain cases 49.Previous bad character not relevant, except in reply 50.Character as affecting damages

III — ON PROOF FACTS WHICH NEED NOT BE PROVED

51.Fact judicially noticeable need not be proved 52.Facts of which Court shall take judicial notice 53.Facts admitted need not be proved

IV — OF ORAL EVIDENCE

54.Proof of facts by oral evidence 55.Oral evidence to be direct

V — OF DOCUMENTARY EVIDENCE

56.Proof of contents of documents 57.Primary evidence 58.Secondary evidence 59.Proof of documents by primary evidence 60.Cases in which secondary evidence relating to documents may be given 61.Electronic or digital record 62.Special provisions as to evidence relating to electronic record 63.Admissibility of electronic records 64.Rules as to notice to produce 65.Proof of signature and handwriting of person alleged to have signed or written document produced 66.Proof as to electronic signature 67.Proof of execution of document required by law to be attested 68.Proof where no attesting witness found 69.Admission of execution by party to attested document 70.Proof when attesting witness denies execution 71.Proof of document not required by law to be attested 72.Comparison of signature, writing or seal with others admitted or proved 73.Proof as to verification of digital signature 74.Public and private documents 75.Certified copies of public documents 76.Proof of documents by production of certified copies 77.Proof of other official documents 78.Presumption as to genuineness of certified copies 79.Presumption as to documents produced as record of evidence, etc 80.Presumption as to Gazettes, newspapers, and other documents 81.Presumption as to Gazettes in electronic or digital record 82.Presumption as to maps or plans made by authority of Government 83.Presumption as to collections of laws and reports of decisions 84.Presumption as to powers-of-attorney 85.Presumption as to electronic agreements 86.Presumption as to electronic records and electronic signatures 87.Presumption as to Electronic Signature Certificates 88.Presumption as to certified copies of foreign judicial records 89.Presumption as to books, maps and charts 90.Presumption as to electronic messages 91.Presumption as to due execution, etc., of documents not produced 92.Presumption as to documents thirty years old 93.Presumption as to electronic records five years old

VI — OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

94.Evidence of terms of contracts, grants and other dispositions of property reduced to form of document 95.Exclusion of evidence of oral agreement 96.Exclusion of evidence to explain or amend ambiguous document 97.Exclusion of evidence against application of document to existing facts 98.Evidence as to document unmeaning in reference to existing facts 99.Evidence as to application of language which can apply to one only of several persons 100.Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies 101.Evidence as to meaning of illegible characters, etc 102.Who may give evidence of agreement varying terms of document 103.Saving of provisions of Indian Succession Act relating to wills

VII

104.Burden of proof 105.On whom burden of proof lies 106.Burden of proof as to particular fact 107.Burden of proving fact to be proved to make evidence admissible 108.Burden of proving that case of accused comes within exceptions 109.Burden of proving fact especially within knowledge 110.Burden of proving death of person known to have been alive within thirty years 111.Burden of proving that person is alive who has not been heard of for seven years 112.Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent 113.Burden of proof as to ownership 114.Proof of good faith in transactions where one party is in relation of active confidence 115.Presumption as to certain offences 116.Birth during marriage, conclusive proof of legitimacy 117.Presumption as to abetment of suicide by a married woman 118.Presumption as to dowry death 119.Court may presume existence of certain facts 120.Presumption as to absence of consent in certain prosecution for rape

VIII

121.Estoppel 122.Estoppel of tenant and of licensee of person in possession 123.Estoppel of acceptor of bill of exchange, bailee or licensee

IX — OF WITNESSES

124.Who may testify 125.Witness unable to communicate verbally 126.Competency of husband and wife as witnesses in certain cases 127.Judges and Magistrates 128.Communications during marriage 129.Evidence as to affairs of State 130.Official communications 131.Information as to commission of offences 132.Professional communications 133.Privilege not waived by volunteering evidence 134.Confidential communication with legal advisers 135.Production of title-deeds of witness not a party 136.Production of documents or electronic records which another person, having possession, could refuse to produce 137.Witness not excused from answering on ground that answer will criminate 138.Accomplice 139.Number of witnesses

X — OF EXAMINATION OF WITNESSES

140.Order of production and examination of witnesses 141.Judge to decide as to admissibility of evidence 142.Examination of witnesses 143.Order of examinations 144.Cross-examination of person called to produce a document 145.Witnesses to character 146.Leading questions 147.Evidence as to matters in writing 148.Cross-examination as to previous statements in writing 149.Questions lawful in cross-examination 150.When witness to be compelled to answer 151.Court to decide when question shall be asked and when witness compelled to answer 152.Question not to be asked without reasonable grounds 153.Procedure of Court in case of question being asked without reasonable grounds 154.Indecent and scandalous questions 155.Questions intended to insult or annoy 156.Exclusion of evidence to contradict answers to questions testing veracity 157.Question by party to his own witness 158.Impeaching credit of witness 159.Questions tending to corroborate evidence of relevant fact, admissible 160.Former statements of witness may be proved to corroborate later testimony as to same fact 161.What matters may be proved in connection with proved statement relevant under section 26 or 27 162.Refreshing memory 163.Testimony to facts stated in document mentioned in section 162 164.Right of adverse party as to writing used to refresh memory 165.Production of documents 166.Giving, as evidence, of document called for and produced on notice 167.Using, as evidence, of document production of which was refused on notice 168.Judge’s power to put questions or order production

XI — OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

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

XII — REPEAL AND SAVINGS

170.Repeal and savings

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