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Bhartiya Sakshya Adhiniyam 2023
47
25-12-2023
Bhartiya Sakshya Adhiniyam 2023
Bhartiya Sakshya Adhiniyam 2023
Ministry of Law and Justice
Legislative Department
Chapters, and Sections
Chapter 1 - Part - I - Preliminary
1 - Short title, application and commencement.
2 - Definitions
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Chapter 2 - Part - 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.
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Chapter 3 - 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.
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Chapter 4 - Of Oral Evidence
54 - Proof of facts by oral evidence.
55 - Oral evidence to be direct.
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Chapter 5 - 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.
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Chapter 6 - 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.
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Chapter 7 - [Part IV - Production And Effect Of Evidence]- Of The Burden Of Proof
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.
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Chapter 8 - Estoppel
121 - Estoppel
122 - Estoppel of tenant and of licensee of person in possession.
123 - Estoppel of acceptor of bill of exchange, bailee or licensee.
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Chapter 9 - 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.
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Chapter 10 - 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.
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Chapter 11 - Of Improper Admission And Rejection Of Evidence
169 - No new trial for improper admission or rejection of evidence.
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Chapter 12 - Repeal And Savings
170 - Repeal and savings.
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