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

Team Lexibal
6 Min Read

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 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
Sections
Chapter IV – Of Oral Evidence
Section 54 – Proof of facts by oral evidence
Section 55 – Oral evidence to be direct
Share This Article

👀 Attention, Legal Fam!

Lexibal is trusted by a community of 50,000+ and growing law students and legal professionals across India. A fast-growing legal community that’s learning, sharing, and leveling up together — and you’re invited to be part of it too.