Bharatiya Sakshya Adhiniyam, (BSA) 2023 Notes: Complete Chapter-Wise Guide

Bharatiya Sakshya Adhiniyam, (BSA) 2023

The Bharatiya Sakshya Adhiniyam, (BSA) 2023 replaces the Indian Evidence Act, 1872 and governs the rules relating to relevancy, admissibility, and proof of evidence in judicial proceedings. It introduces updated provisions, especially regarding electronic and digital evidence, while retaining the core structure of evidence law.

The table below provides section-wise notes of the Bharatiya Sakshya Adhiniyam, 2023 for quick understanding, revision, and judiciary exam preparation.

Chapter I – Preliminary

Sections
Section 1 – Short title, application and commencement
Section 2 – Definitions

Part II – Relevancy of Facts

Chapter II – Relevancy of Facts

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

Part III – On Proof

Chapter III – Facts Which Need Not Be Proved

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

Chapter IV – Of Oral Evidence

Sections
Section 54 – Proof of facts by oral evidence
Section 55 – Oral evidence to be direct

Chapter V – Of Documentary Evidence

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

Chapter VI – Of the Exclusion of Oral Evidence by Documentary Evidence

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

Part IV – Production and Effect of Evidence

Chapter VII – Of the Burden of Proof

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

Chapter VIII – Estoppel

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

Chapter IX – Of Witnesses

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

Chapter X – Of Examination of Witnesses

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

Chapter XI – Of Improper Admission and Rejection of Evidence

Sections
Section 169 – No new trial for improper admission or rejection of evidence

Chapter XII – Repeal and Savings

Sections
Section 170 – Repeal and savings