Central · Act 47 of 2023

The Bharatiya Sakshya Adhiniyam, 2023

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

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आधिकारिक दस्तावेज़ / Official document

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इस संस्करण को आधिकारिक दस्तावेज़ में पढ़ें। Read this version in its official source document.

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About this act

Jurisdiction
Central
Enactment date
2023-12-25
Sections available
170

Commencement information from the source

1-7-2024

Read the sections

1Short title, application and commencement.→2Definitions.→3Evidence may be given of facts in issue and relevant facts.→4Relevancy of facts forming part of same transaction.→5Facts which are occasion, cause or effect of facts in issue or relevant facts.→6Motive, preparation and previous or subsequent conduct.→7Facts necessary to explain or introduce fact in issue or relevant facts.→8Things said or done by conspirator in reference to common design.→9When facts not otherwise relevant become relevant.→10Facts tending to enable Court to determine amount are relevant in suits for damages.→11Facts relevant when right or custom is in question.→12Facts showing existence of state of mind, or of body or bodily feeling.→13Facts bearing on question whether act was accidental or intentional.→14Existence of course of business when relevant.→15Admission defined.→16Admission by party to proceeding or his agent.→17Admissions by persons whose position must be proved as against party to suit.→18Admissions by persons expressly referred to by party to suit.→19Proof of admissions against persons making them, and by or on their behalf.→20When oral admissions as to contents of documents are relevant.→21Admissions in civil cases when relevant.→22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.→23Confession to police officer.→24Consideration of proved confession affecting person making it and others jointly under trial for same offence.→25Admissions not conclusive proof, but may estop.→26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.→27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.→28Entries in books of account when relevant.→29Relevancy of entry in public record or an electronic record made in performance of duty.→30Relevancy of statements in maps, charts and plans.→31Relevancy of statement as to fact of public nature contained in certain Acts or notifications.→32Relevancy of statements as to any law contained in law books including electronic or digital form.→33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.→34Previous judgments relevant to bar a second suit or trial.→35Relevancy of certain judgments in probate, etc., jurisdiction.→36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.→37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.→38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.→39Opinions of experts.→40Facts bearing upon opinions of experts.→41Opinion as to handwriting and signature, when relevant.→42Opinion as to existence of general custom or right, when relevant.→43Opinion as to usages, tenets, etc., when relevant.→44Opinion on relationship, when relevant.→45Grounds of opinion, when relevant.→46In civil cases character to prove conduct imputed, irrelevant.→47In criminal cases previous good character relevant.→48Evidence of character or previous sexual experience not relevant in certain cases.→49Previous bad character not relevant, except in reply.→50Character as affecting damages.→51Fact judicially noticeable need not be proved.→52Facts of which Court shall take judicial notice.→53Facts admitted need not be proved.→54Proof of facts by oral evidence.→55Oral evidence to be direct.→56Proof of contents of documents.→57Primary evidence.→58Secondary evidence.→59Proof of documents by primary evidence.→60Cases in which secondary evidence relating to documents maybe given.→61Electronic or digital record.→62Special provisions as to evidence relating to electronic record.→63Admissibility of electronic records.→64Rules as to notice to produce.→65Proof of signature and handwriting of person alleged to have signed or written document produced.→66Proof as to electronic signature.→67Proof of execution of document required by law to be attested.→68Proof where no attesting witness found.→69Admission of execution by party to attested document.→70Proof when attesting witness denies execution.→71Proof of document not required by law to be attested.→72Comparison of signature, writing or seal with others admitted or proved.→73Proof as to verification of digital signature.→74Public and private documents.→75Certified copies of public documents.→76Proof of documents by production of certified copies.→77Proof of other official documents.→78Presumption as to genuineness of certified copies.→79Presumption as to documents produced as record of evidence, etc.→80Presumption as to Gazettes, newspapers, and other documents.→81Presumption as to Gazettes in electronic or digital record.→82Presumption as to maps or plans made by authority of Government.→83Presumption as to collections of laws and reports of decisions.→84Presumption as to powers-of-attorney.→85Presumption as to electronic agreements.→86Presumption as to electronic records and electronic signatures.→87Presumption as to Electronic Signature Certificates.→88Presumption as to certified copies of foreign judicial records.→89Presumption as to books, maps and charts.→90Presumption as to electronic messages.→91Presumption as to due execution, etc., of documents not produced.→92Presumption as to documents thirty years old.→93Presumption as to electronic records five years old.→94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.→95Exclusion of evidence of oral agreement.→96Exclusion of evidence to explain or amend ambiguous document.→97Exclusion of evidence against application of document to existing facts.→98Evidence as to document unmeaning in reference to existing facts.→99Evidence 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.→101Evidence as to meaning of illegible characters, etc.→102Who may give evidence of agreement varying terms of document.→103Saving of provisions of Indian Succession Act relating to wills.→104Burden of proof.→105On whom burden of proof lies.→106Burden of proof as to particular fact.→107Burden of proving fact to be proved to make evidence admissible.→108Burden of proving that case of accused comes within exceptions.→109Burden of proving fact especially within knowledge.→110Burden of proving death of person known to have been alive within thirty years.→111Burden of proving that person is alive who has not been heard of for seven years.→112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.→113Burden of proof as to ownership.→114Proof of good faith in transactions where one party is in relation of active confidence.→115Presumption as to certain offences.→116Birth during marriage, conclusive proof of legitimacy.→117Presumption as to abetment of suicide by a married woman.→118Presumption as to dowry death.→119Court may presume existence of certain facts.→120Presumption as to absence of consent in certain prosecution for rape.→121Estoppel.→122Estoppel of tenant and of licensee of person in possession.→123Estoppel of acceptor of bill of exchange, bailee or licensee.→124Who may testify.→125Witness unable to communicate verbally.→126Competency of husband and wife as witnesses in certain cases.→127Judges and Magistrates.→128Communications during marriage.→129Evidence as to affairs of State.→130Official communications.→131Information as to commission of offences.→132Professional communications.→133Privilege not waived by volunteering evidence.→134Confidential communication with legal advisers.→135Production of title-deeds of witness not a party.→136Production of documents or electronic records which another person, having possession, could refuse to produce.→137Witness not excused from answering on ground that answer will criminate.→138Accomplice.→139Number of witnesses.→140Order of production and examination of witnesses.→141Judge to decide as to admissibility of evidence.→142Examination of witnesses.→143Order of examinations.→144Cross examination of person called to produce a document.→145Witnesses to character.→146Leading questions.→147Evidence as to matters in writing.→148Cross examination as to previous statements in writing.→149Questions lawful in cross examination.→150When witness to be compelled to answer.→151Court to decide when question shall be asked and when witness compelled to answer.→152Question not to be asked without reasonable grounds.→153Procedure of Court in case of question being asked without reasonable grounds.→154Indecent and scandalous questions.→155Questions intended to insult or annoy.→156Exclusion of evidence to contradict answers to questions testing veracity.→157Question by party to his own witness.→158Impeaching credit of witness.→159Questions tending to corroborate evidence of relevant fact, admissible.→160Former statements of witness may be proved to corroborate later testimony as to same fact.→161What matters may be proved in connection with proved statement relevant under section 26 or 27.→162Refreshing memory.→163Testimony to facts stated in document mentioned in section 162.→164Right of adverse party as to writing used to refresh memory.→165Production of documents.→166Giving, as evidence, of document called for and produced on notice.→167Using, as evidence, of document production of which was refused on notice.→168Judge's power to put questions or order production.→169No new trial for improper admission or rejection of evidence.→170Repeal and savings.→

Schedules

Source and version

India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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