Table showing sections of Indian Evidence Act, 1872 and proposed

corresponding provisions of Bharatiya Sakshya Adhiniyam, 2023

Indian Evidence Act, 1872 Bharatiya Sakshya Bill, 2023

Section Heading Clause Heading

Short title, extent and Short title, application and

1 1
commencement commencement

2 Repeal of enactments — —

3 Interpretation clause 2 Definitions

4 “May presume” 2 Definitions

Evidence may be given of facts Evidence may be given of facts

5 3
in issue and relevant facts in issue and relevant facts

Relevancy of facts forming Relevancy of facts forming part

6 4
part of same transaction of same transaction

Facts which are the occasion,

Facts which are the occasion,
7 5 cause or effect of facts in issue
cause or effect of facts in issue.
or relevant facts

Motive, preparation and

Motive, preparation and
8 previous or subsequent 6
previous or subsequent conduct
conduct

Facts necessary to explain or

Facts necessary to explain or
9 7 introduce fact in issue or
introduce relevant facts
relevant facts

Things said or done by Things said, done by

10 conspirator in reference to 8 conspirator in reference to
common design common design

When facts not otherwise When facts not otherwise

11 9
relevant become relevant relevant become relevant

In suits for damages, facts Facts tending to enable Court

12 tending to enable Court to 10 to determine amount are
determine amount are relevant relevant in suits for damages

Facts relevant when right or Facts relevant when right or

13 11
custom is in question custom is in question

14 Facts showing existence of 12 Facts showing existence of

 state of mind, or of body or state of mind, or of body of
bodily feeling bodily feeling

Facts bearing on question Facts bearing on question

15 whether act was accidental or 13 whether act was accidental or
intentional intentional

Existence of course of business Existence of course of business

16 14
when relevant when relevant

17 Admission defined 15 Admission defined

Admission by party to Admission by party to

18 16
proceeding or his agent proceeding or his agent

Admissions by persons whose Admissions by persons whose

19 position must be proved as 17 position must be proved as
against party to suit against party to suit

Admissions by persons Admissions by persons

20 expressly referred to by party 18 expressly referred to by party
to suit to suit

Proof of admissions against Proof of admissions against

21 persons making them, and by 19 persons making them, and by
or on their behalf or on their behalf

When oral admissions as to When oral admissions as to

22 contents of documents are 20 contents of documents are
relevant relevant

When oral admissions as to

22A contents of electronic records — —
are relevant

Admissions in civil cases, Admissions in civil cases when

23 21
when relevant relevant

Confession caused by Confession caused by

inducement, threat or promise, inducement, threat, coercion or
24 22
when irrelevant in criminal promise, when irrelevant in
proceeding criminal proceeding

Confession to police officer

25 23 Confession to police officer
not to be proved

Confession by accused while

26 in custody of Police not to be — —
proved against him
 How much of information
27 received from accused may be — —
proved

Confession made after removal

of impression caused by
28 — —
inducement, threat or promise,
relevant

Confession otherwise relevant

not to become irrelevant
29 — —
because of promise of secrecy,
etc.

Consideration of proved Consideration of proved

confession affecting person confession affecting person
30 24
making it and others jointly making it and others jointly
under trial for same offence under trial for same offence

Admissions not conclusive Admissions not conclusive

31 25
proof, but may estop proof, but may estop

Cases in which statement of Cases in which statement of

relevant fact by person who is facts in issue or relevant fact by
32 26
dead or cannot be found, etc., person who is dead or cannot
is relevant be found, etc., is relevant

Relevancy of certain evidence Relevancy of certain evidence

for proving, in subsequent for proving, in subsequent
33 27
proceeding, the truth of facts proceeding, the truth of facts
therein stated therein stated

Entries in books of account

including those maintained in Entries in books of account
34 28
an electronic form when when relevant
relevant

Relevancy of entry in public Relevancy of entry in public

35 record or an electronic record 29 record or an electronic record
made in performance of duty made in performance of duty

Relevancy of statements in Relevancy of statements in

36 30
maps, charts and plans maps, charts and plans

Relevancy of statement as to Relevancy of statement as to

37 fact of public nature, contained 31 fact of public nature contained
in certain Acts or notifications in certain Acts or notifications

Relevancy of statements as to Relevancy of statements as to

38 32
any law contained in law any law contained in law books
 books including electronic or digital
form

What evidence to be given What evidence to be given

when statement forms part of a when statement forms part of a
39 conversation, document, 33 conversation, document,
electronic record, book or electronic record, book or
series of letters or papers series of letters or papers

Previous judgments relevant to Previous judgments relevant to

40 34
bar a second suit or trial bar a second suit or trial

Relevancy of certain
Relevancy of certain judgments
41 judgments in probate, etc., 35
in probate, etc., jurisdiction
jurisdiction

Relevancy and effect of Relevancy and effect of

judgments, orders or decrees, judgments, orders or decrees,
42 36
other than those mentioned in other than those mentioned in
section 41 section 35

Judgments, etc., other than Judgments, etc., other than

43 those mentioned in sections 40 37 those mentioned in sections 34,
to 42, when relevant 35 and 36 when relevant

Fraud or collusion in obtaining Fraud or collusion in obtaining

44 judgment, or incompetency of 38 judgment, or incompetency of
Court, may be proved Court, may be proved

45 Opinions of experts 39 Opinions of experts

Opinion of Examiner of
45A — —
Electronic Evidence

Facts bearing upon opinions of Facts bearing upon opinions of

46 40
experts experts

Opinion as to handwriting, Opinion as to hand-writing and

47 41
when relevant digital signature, when relevant

Opinion as to electronic
47A — —
signature when relevant

Opinion as to existence of
Opinion as to existence of right
48 42 general custom or right, when
or custom, when relevant
relevant

Opinions as to usages, tenets, Opinion as to usages, tenets,

49 43
etc., when relevant etc., when relevant
 Opinion on relationship, when Opinion on relationship, when
50 44
relevant relevant

Grounds of opinion, when Grounds of opinion, when

51 45
relevant relevant

In civil cases character to

In civil cases character to prove
52 prove conduct imputed, 46
conduct imputed, irrelevant
irrelevant

In criminal cases, previous In criminal cases previous good

53 47
good character relevant character relevant

Evidence of character or Evidence of character or

53A previous sexual experience not 48 previous sexual experience not
relevant in certain cases relevant in certain cases

Previous bad character not Previous bad character not

54 49
relevant, except in reply relevant, except in reply

55 Character as affecting damages 50 Character as affecting damages

Fact judicially noticeable need Fact judicially noticeable need

56 51
not be proved not be proved

Facts of which Court must take Facts of which Court shall take
57 52
judicial notice judicial notice

Facts admitted need not be Facts admitted need not be

58 53
proved proved

59 Proof of facts by oral evidence 54 Proof of facts by oral evidence

60 Oral evidence must be direct 55 Oral evidence to be direct

61 Proof of contents of documents 56 Proof of contents of documents

62 Primary evidence 57 Primary evidence

63 Secondary evidence 58 Secondary evidence

Proof of documents by primary Proof of documents by primary

64 59
evidence evidence

Cases in which secondary Cases in which secondary

65 evidence relating to documents 60 evidence relating to documents
may be given may be given

65A Special provisions as to 62 Special provisions as to

 evidence relating to electronic evidence relating to electronic
record record

Admissibility of electronic or
digital record
Admissibility of electronic
65B 61, 63
records
Admissibility of electronic
records

66 Rules as to notice to produce 64 Rules as to notice to produce

Proof of signature and Proof of signature and

handwriting of person alleged handwriting of person alleged
67 65
to have signed or written to have signed or written
document produced document produced

67A Proof as to electronic signature 66 Proof as to electronic signature

Proof of execution of
Proof of execution of document
68 document required by law to 67
required by law to be attested
be attested

Proof where no attesting Proof where no attesting

69 68
witness found witness found

Admission of execution by Admission of execution by

70 69
party to attested document party to attested document

Proof when attesting witness Proof when attesting witness

71 70
denies the execution denies the execution

Proof of document not Proof of document not required

72 71
required by law to be attested by law to be attested

Comparison of signature, Comparison of signature,

73 writing or seal with others 72 writing or seal with others
admitted or proved admitted or proved

Proof as to verification of Proof as to verification of

73A 73
digital signature digital signature

74 Public documents 74 Public and private documents

75 Private documents 74 Public and private documents

Certified copies of public Certified copies of public

76 75
documents documents
 Proof of documents by Proof of documents by
77 76
production of certified copies production of certified copies

Proof of other official Proof of other official

78 77
documents documents

Presumption as to genuineness Presumption as to genuineness

79 78
of certified copies of certified copies

Presumption as to documents
Presumption as to documents
80 79 produced as record of
produced as record of evidence
evidence, etc.

Presumption as to Gazettes,
Presumption as to Gazettes,
newspapers, private Acts of
81 80 newspapers, and other
Parliament and other
documents
documents

Presumption as to Gazettes in Presumption as to Gazettes in

81A 81
electronic forms electronic or digital record

Presumption as to document
82 admissible in England without — —
proof of seal or signature

Presumption as to maps or Presumption as to maps or

83 plans made by authority of 82 plans made by authority of
Government Government

Presumption as to collections
Presumption as to collections
84 of laws and reports of 83
of laws and reports of decisions
decisions

Presumption as to power-of- Presumption as to powers-of-

85 84
attorney attorney

Presumption as to electronic Presumption as to electronic

85A 85
agreements agreements

Presumptions as to electronic Presumption as to electronic

85B records and electronic 86 records and electronic
signatures signatures

Presumption as to Electronic Presumption as to Electronic

85C 87
Signature Certificates Signature Certificates

Presumption as to certified Presumption as to certified

86 copies of foreign judicial 88 copies of foreign judicial
records records
 Presumption as to books, maps Presumption as to books, maps
87 89
and charts and charts

Presumption as to telegraphic
88 — —
messages

Presumption as to electronic Presumption as to electronic

88A 90
messages messages

Presumption as to due Presumption as to due

89 execution, etc., of documents, 91 execution, etc., of documents
not produced not produced

Presumption as to documents Presumption as to documents

90 92
thirty years old thirty years old

Presumption as to electronic Presumption as to electronic

90A 93
records five years old records five years old

Evidence of terms of contracts, Evidence of terms of contracts,

grants and other dispositions of grants and other dispositions of
91 94
property reduced to form of property reduced to form of
documents document

Exclusion of evidence of oral Exclusion of evidence of oral

92 95
agreement agreement

Exclusion of evidence to Exclusion of evidence to

93 explain or amend ambiguous 96 explain or amend ambiguous
document document

Exclusion of evidence against Exclusion of evidence against

94 application of document to 97 application of document to
existing facts existing facts

Evidence as to document Evidence as to document

95 unmeaning in reference to 98 unmeaning reference to
existing facts existing facts

Evidence as to application of Evidence as to application of

96 language which can apply to 99 language which can apply to
one only of several persons one only of several persons

Evidence as to application of Evidence as to application of

language to one of two sets of language to one of two sets of
97 100
facts, to neither of which the facts, to neither of which the
whole correctly applies whole correctly applies

Evidence as to meaning of Evidence as to meaning of

98 101
illegible characters, etc. illegible characters, etc.
 Who may give evidence of Who may give evidence of
99 agreement varying terms of 102 agreement varying terms of
document document

Saving of provisions of Indian Saving of provisions of Indian

100 Succession Act relating to 103 Succession Act relating to
wills Wills

101 Burden of proof 104 Burden of proof

102 On whom burden of proof lies 105 On whom burden of proof lies

Burden of proof as to Burden of proof as to particular

103 106
particular fact fact

Burden of proving fact to be Burden of proving fact to be

104 proved to make evidence 107 proved to make evidence
admissible admissible

Burden of proving that case of Burden of proving that case of

105 accused comes within 108 accused comes within
exceptions exceptions

Burden of proving fact Burden of proving fact

106 109
especially within knowledge especially within knowledge

Burden of proving death of Burden of proving death of

107 person known to have been 110 person known to have been
alive within thirty years alive within thirty years

Burden of proving that person Burden of proving that person

108 is alive who has not been heard 111 is alive who has not been heard
of for seven years of for seven years

Burden of proof as to Burden of proof as to

relationship in the cases of relationship in the cases of
109 112
partners, landlord and tenant, partners, landlord and tenant,
principal and agent principal and agent

Burden of proof as to Burden of proof as to

110 113
ownership ownership

Proof of good faith in Proof of good faith in

111 transactions where one party is 114 transactions where one party is
in relation of active confidence in relation of active confidence

Presumption as to certain Presumption as to certain

111A 115
offences offences

112 Birth during marriage, 116 Birth during marriage,

 conclusive proof of legitimacy conclusive proof of legitimacy

113 Proof of cession of territory — —

Presumption as to abetment of Presumption as to abetment of

113A 117
suicide by a married woman suicide by a married woman

113B Presumption as to dowry death 118 Presumption as to dowry death

Court may presume existence Court may presume existence

114 119
of certain facts of certain facts

Presumption as to absence of Presumption as to absence of

114A consent in certain prosecution 120 consent in certain prosecution
for rape for rape

115 Estoppel 121 Estoppel

Estoppel of tenant; and of Estoppel of tenants and of

116 licensee of person in 122 licensee of person in
possession possession

Estoppel of acceptor of bill of Estoppel of acceptor of bill of

117 123
exchange, bailee or licensee exchange, bailee or licensee

118 Whom may testify 124 Who may testify

Witness unable to Witness unable to

119 125
communicate verbally communicate verbally

Parties to civil suit, and their

Competency of husband and
wives or husbands—husband
120 126 wife as witnesses in certain
or wife of person under
cases
criminal trial

121 Judges and Magistrates 127 Judges and Magistrates

Communications during Communications during

122 128
marriage marriage

123 Evidence as to affairs of State 129 Evidence as to affairs of State

124 Official communications 130 Official communications

Information as to commission Information as to commission

125 131
of offences of offences

126 Professional communications 132 Professional communications

 Section 126 to apply to
127 — —
interpreters, etc.

Privilege not waived by Privilege not waived by

128 133
volunteering evidence volunteering evidence

Confidential communications Confidential communication

129 134
with legal advisers with legal advisers

Production of title-deeds of Production of title-deeds of

130 135
witness not a party witness not a party

Production of documents or Production of documents or

electronic records which electronic records which
131 another person, having 136 another person, having
possession, could refuse to possession, would refuse to
produce produce

Witness not excused from Witness not excused from

132 answering on ground that 137 answering on ground that
answer will criminate answer will criminate

133 Accomplice 138 Accomplice

134 Number of witnesses 139 Number of witnesses

Order of production and Order of production and

135 140
examination of witnesses examination of witnesses

Judge to decide as to Judge to decide as to

136 141
admissibility of evidence admissibility of evidence

137 Examination-in-chief 142 Examination of witnesses

138 Order of examinations 143 Order of examinations

Cross-examination of person Cross-examination of person

139 144
called to produce a document called to produce a document

140 Witnesses to character 145 Witnesses to character

141 Leading questions 146 Leading questions

142 When they must not be asked 146 Leading questions

143 When they may be asked 146 Leading questions

Evidence as to matters in Evidence as to matters in

144 147
writing writing
 Cross-examination as to Cross-examination as to
145 148
previous statements in writing previous statements in writing

Questions lawful in cross- Questions lawful in cross-

146 149
examination examination

When witness to be compelled When witness to be compelled

147 150
to answer to answer

Court to decide when question Court to decide when question

148 shall be asked and when 151 shall be asked and when
witness compelled to answer witness compelled to answer

Question not to be asked Question not to be asked

149 152
without reasonable grounds without reasonable grounds

Procedure of Court in case of Procedure of Court in case of

150 question being asked without 153 question being asked without
reasonable grounds reasonable grounds

Indecent and scandalous Indecent and scandalous

151 154
questions questions

Questions intended to insult or Questions intended to insult or

152 155
annoy annoy

Exclusion of evidence to Exclusion of evidence to

153 contradict answers to questions 156 contradict answers to questions
testing veracity testing veracity

Question by party to his own Question by party to his own

154 157
witness witness

155 Impeaching credit of witness 158 Impeaching credit of witness

Questions tending to Questions tending to

156 corroborate evidence of 159 corroborate evidence of
relevant fact, admissible relevant fact, admissible

Former statements of witness Former statements of witness

157 may be proved to corroborate 160 may be proved to corroborate
later testimony as to same fact later testimony as to same fact

What matters may be proved in What matters may be proved in

connection with proved connection with proved
158 161
statement relevant under statement relevant under
section 32 or 33 section 32 or 33

159 Refreshing memory 162 Refreshing memory

 Testimony to facts stated in Testimony to facts stated in
160 document mentioned in section 163 document mentioned in section
159 159

Right of adverse party as to

Right of adverse party as to
161 writing used to refresh 164
writing used to refresh memory
memory

162 Production of documents 165 Production of documents

Giving, as evidence, of Giving, as evidence, of

163 document called for and 166 document called for and
produced on notice produced on notice

Using, as evidence, of Using, as evidence, of

64 document, production of which 167 document production of which
was refused on notice was refused on notice

Judge’s power to put questions Judge’s power to put questions

165 168
or order production or order production

Power of jury or assessors to

166 — —
put questions

No new trial for improper No new trial for improper

167 admission or rejection of 169 admission or rejection of
evidence evidence