Comparative Chart of Indian Evidence Act and Bharatiya Sakshya Adhiniyam 2023
Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 | ||
Section | Heading | Section | Heading |
1 | Short title, extent and commencement | 1 | Short title, application and commencement |
2 | Repeal of enactments | — | — |
3 | Interpretation clause | 2 | Definitions |
4 | “May presume” | 2 | Definitions |
5 | Evidence may be given of facts in issue and relevant facts | 3 | Evidence may be given of facts in issue and relevant facts |
6 | Relevancy of facts forming part of same transaction | 4 | Relevancy of facts forming part of same transaction |
7 | Facts which are the occasion, cause or effect of facts in issue. | 5 | Facts which are the occasion, cause or effect of facts in issue or relevant facts |
8 | Motive, preparation and previous or subsequent conduct | 6 | Motive, preparation and previous or subsequent conduct |
9 | Facts necessary to explain or introduce relevant facts | 7 | Facts necessary to explain or introduce fact in issue or relevant facts |
10 | Things said or done by conspirator in reference to common design | 8 | Things said, done by conspirator in reference to common design |
11 | When facts not otherwise relevant become relevant | 9 | When facts not otherwise relevant become relevant |
12 | In suits for damages, facts tending to enable Court to determine amount are relevant | 10 | Facts tending to enable Court to determine amount are relevant in suits for damages |
13 | Facts relevant when right or custom is in question | 11 | Facts relevant when right or custom is in question |
14 | Facts showing existence of state of mind, or of body or bodily feeling | 12 | Facts showing existence of state of mind, or of body of bodily feeling |
15 | Facts bearing on question whether act was accidental or intentional | 13 | Facts bearing on question whether act was accidental or intentional |
16 | Existence of course of business when relevant | 14 | Existence of course of business when relevant |
17 | Admission defined | 15 | Admission defined |
18 | Admission by party to proceeding or his agent | 16 | Admission by party to proceeding or his agent |
19 | Admissions by persons whose position must be proved as against party to suit | 17 | Admissions by persons whose position must be proved as against party to suit |
20 | Admissions by persons expressly referred to by party to suit | 18 | Admissions by persons expressly referred to by party to suit |
21 | Proof of admissions against persons making them, and by or on their behalf | 19 | Proof of admissions against persons making them, and by or on their behalf |
22 | When oral admissions as to contents of documents are relevant | 20 | When oral admissions as to contents of documents are relevant |
22A | When oral admissions as to contents of electronic records are relevant | — | — |
23 | Admissions in civil cases, when relevant | 21 | Admissions in civil cases when relevant |
24 | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding |
25 | Confession to police officer not to be proved | 23 | Confession to police officer |
26 | Confession by accused while in custody of Police not to be proved against him | — | — |
27 | How much of information received from accused may be proved | — | — |
28 | Confession made after removal of impression caused by inducement, threat or promise, relevant | — | — |
29 | Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. | — | — |
30 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | 24 | Consideration of proved confession affecting person making it and others jointly under trial for same offence |
31 | Admissions not conclusive proof, but may estop | 25 | Admissions not conclusive proof, but may estop |
32 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant | 26 | Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant |
33 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated |
34 | Entries in books of account including those maintained in an electronic form when relevant | 28 | Entries in books of account when relevant |
35 | Relevancy of entry in public record or an electronic record made in performance of duty | 29 | Relevancy of entry in public record or an electronic record made in performance of duty |
36 | Relevancy of statements in maps, charts and plans | 30 | Relevancy of statements in maps, charts and plans |
37 | Relevancy of statement as to fact of public nature, contained in certain Acts or notifications | 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications |
38 | Relevancy of statements as to any law contained in law books | 32 | Relevancy of statements as to any law contained in law books including electronic or digital form |
39 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers | 33 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers |
40 | Previous judgments relevant to bar a second suit or trial | 34 | Previous judgments relevant to bar a second suit or trial |
41 | Relevancy of certain judgments in probate, etc., jurisdiction | 35 | Relevancy of certain judgments in probate, etc., jurisdiction |
42 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 | 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 |
43 | Judgments, etc., other than those mentioned in sections 40 to 42, when relevant | 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant |
44 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | 38 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved |
45 | Opinions of experts | 39 | Opinions of experts |
45A | Opinion of Examiner of Electronic Evidence | — | — |
46 | Facts bearing upon opinions of experts | 40 | Facts bearing upon opinions of experts |
47 | Opinion as to handwriting, when relevant | 41 | Opinion as to hand-writing and digital signature, when relevant |
47A | Opinion as to electronic signature when relevant | — | — |
48 | Opinion as to existence of right or custom, when relevant | 42 | Opinion as to existence of general custom or right, when relevant |
49 | Opinions as to usages, tenets, etc., when relevant | 43 | Opinion as to usages, tenets, etc., when relevant |
50 | Opinion on relationship, when relevant | 44 | Opinion on relationship, when relevant |
51 | Grounds of opinion, when relevant | 45 | Grounds of opinion, when relevant |
52 | In civil cases character to prove conduct imputed, irrelevant | 46 | In civil cases character to prove conduct imputed, irrelevant |
53 | In criminal cases, previous good character relevant | 47 | In criminal cases previous good character relevant |
53A | Evidence of character or previous sexual experience not relevant in certain cases | 48 | Evidence of character or previous sexual experience not relevant in certain cases |
54 | Previous bad character not relevant, except in reply | 49 | Previous bad character not relevant, except in reply |
55 | Character as affecting damages | 50 | Character as affecting damages |
56 | Fact judicially noticeable need not be proved | 51 | Fact judicially noticeable need not be proved |
57 | Facts of which Court must take judicial notice | 52 | Facts of which Court shall take judicial notice |
58 | Facts admitted need not be proved | 53 | Facts admitted need not be 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 |
64 | Proof of documents by primary evidence | 59 | Proof of documents by primary evidence |
65 | Cases in which secondary evidence relating to documents may be given | 60 | Cases in which secondary evidence relating to documents may be given |
65A | Special provisions as to evidence relating to electronic record | 62 | Special provisions as to evidence relating to electronic record |
65B | Admissibility of electronic records | 61, 63 | Admissibility of electronic or digital record Admissibility of electronic records |
66 | Rules as to notice to produce | 64 | Rules as to notice to produce |
67 | Proof of signature and handwriting of person alleged to have signed or written document produced | 65 | Proof of signature and handwriting of person alleged to have signed or written document produced |
67A | Proof as to electronic signature | 66 | Proof as to electronic signature |
68 | Proof of execution of document required by law to be attested | 67 | Proof of execution of document required by law to be attested |
69 | Proof where no attesting witness found | 68 | Proof where no attesting witness found |
70 | Admission of execution by party to attested document | 69 | Admission of execution by party to attested document |
71 | Proof when attesting witness denies the execution | 70 | Proof when attesting witness denies the execution |
72 | Proof of document not required by law to be attested | 71 | Proof of document not required by law to be attested |
73 | Comparison of signature, writing or seal with others admitted or proved | 72 | Comparison of signature, writing or seal with others admitted or proved |
73A | Proof as to verification of digital signature | 73 | Proof as to verification of digital signature |
74 | Public documents | 74 | Public and private documents |
75 | Private documents | 74 | Public and private documents |
76 | Certified copies of public documents | 75 | Certified copies of public documents |
77 | Proof of documents by production of certified copies | 76 | Proof of documents by production of certified copies |
78 | Proof of other official documents | 77 | Proof of other official documents |
79 | Presumption as to genuineness of certified copies | 78 | Presumption as to genuineness of certified copies |
80 | Presumption as to documents produced as record of evidence | 79 | Presumption as to documents produced as record of evidence, etc. |
81 | Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents | 80 | Presumption as to Gazettes, newspapers, and other documents |
81A | Presumption as to Gazettes in electronic forms | 81 | Presumption as to Gazettes in electronic or digital record |
82 | Presumption as to document admissible in England without proof of seal or signature | — | — |
83 | Presumption as to maps or plans made by authority of Government | 82 | Presumption as to maps or plans made by authority of Government |
84 | Presumption as to collections of laws and reports of decisions | 83 | Presumption as to collections of laws and reports of decisions |
85 | Presumption as to power-of-attorney | 84 | Presumption as to powers-of-attorney |
85A | Presumption as to electronic agreements | 85 | Presumption as to electronic agreements |
85B | Presumptions as to electronic records and electronic signatures | 86 | Presumption as to electronic records and electronic signatures |
85C | Presumption as to Electronic Signature Certificates | 87 | Presumption as to Electronic Signature Certificates |
86 | Presumption as to certified copies of foreign judicial records | 88 | Presumption as to certified copies of foreign judicial records |
87 | Presumption as to books, maps and charts | 89 | Presumption as to books, maps and charts |
88 | Presumption as to telegraphic messages | — | — |
88A | Presumption as to electronic messages | 90 | Presumption as to electronic messages |
89 | Presumption as to due execution, etc., of documents, not produced | 91 | Presumption as to due execution, etc., of documents not produced |
90 | Presumption as to documents thirty years old | 92 | Presumption as to documents thirty years old |
90A | Presumption as to electronic records five years old | 93 | Presumption as to electronic records five years old |
91 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents | 94 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document |
92 | Exclusion of evidence of oral agreement | 95 | Exclusion of evidence of oral agreement |
93 | Exclusion of evidence to explain or amend ambiguous document | 96 | Exclusion of evidence to explain or amend ambiguous document |
94 | Exclusion of evidence against application of document to existing facts | 97 | Exclusion of evidence against application of document to existing facts |
95 | Evidence as to document unmeaning in reference to existing facts | 98 | Evidence as to document unmeaning reference to existing facts |
96 | Evidence as to application of language which can apply to one only of several persons | 99 | Evidence as to application of language which can apply to one only of several persons |
97 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | 100 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies |
98 | Evidence as to meaning of illegible characters, etc. | 101 | Evidence as to meaning of illegible characters, etc. |
99 | Who may give evidence of agreement varying terms of document | 102 | Who may give evidence of agreement varying terms of document |
100 | Saving of provisions of Indian Succession Act relating to wills | 103 | Saving of provisions of Indian Succession Act relating to Wills |
101 | Burden of proof | 104 | Burden of proof |
102 | On whom burden of proof lies | 105 | On whom burden of proof lies |
103 | Burden of proof as to particular fact | 106 | Burden of proof as to particular fact |
104 | Burden of proving fact to be proved to make evidence admissible | 107 | Burden of proving fact to be proved to make evidence admissible |
105 | Burden of proving that case of accused comes within exceptions | 108 | Burden of proving that case of accused comes within exceptions |
106 | Burden of proving fact especially within knowledge | 109 | Burden of proving fact especially within knowledge |
107 | Burden of proving death of person known to have been alive within thirty years | 110 | Burden of proving death of person known to have been alive within thirty years |
108 | Burden of proving that person is alive who has not been heard of for seven years | 111 | Burden of proving that person is alive who has not been heard of for seven years |
109 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent |
110 | Burden of proof as to ownership | 113 | Burden of proof as to ownership |
111 | Proof of good faith in transactions where one party is in relation of active confidence | 114 | Proof of good faith in transactions where one party is in relation of active confidence |
111A | Presumption as to certain offences | 115 | Presumption as to certain offences |
112 | Birth during marriage, conclusive proof of legitimacy | 116 | Birth during marriage, conclusive proof of legitimacy |
113 | Proof of cession of territory | — | — |
113A | Presumption as to abetment of suicide by a married woman | 117 | Presumption as to abetment of suicide by a married woman |
113B | Presumption as to dowry death | 118 | Presumption as to dowry death |
114 | Court may presume existence of certain facts | 119 | Court may presume existence of certain facts |
114A | Presumption as to absence of consent in certain prosecution for rape | 120 | Presumption as to absence of consent in certain prosecution for rape |
115 | Estoppel | 121 | Estoppel |
116 | Estoppel of tenant; and of licensee of person in possession | 122 | Estoppel of tenants and of licensee of person in possession |
117 | Estoppel of acceptor of bill of exchange, bailee or licensee | 123 | Estoppel of acceptor of bill of exchange, bailee or licensee |
118 | Whom may testify | 124 | Who may testify |
119 | Witness unable to communicate verbally | 125 | Witness unable to communicate verbally |
120 | Parties to civil suit, and their wives or husbands—husband or wife of person under criminal trial | 126 | Competency of husband and wife as witnesses in certain cases |
121 | Judges and Magistrates | 127 | Judges and Magistrates |
122 | Communications during marriage | 128 | Communications during marriage |
123 | Evidence as to affairs of State | 129 | Evidence as to affairs of State |
124 | Official communications | 130 | Official communications |
125 | Information as to commission of offences | 131 | Information as to commission of offences |
126 | Professional communications | 132 | Professional communications |
127 | Section 126 to apply to interpreters, etc. | — | — |
128 | Privilege not waived by volunteering evidence | 133 | Privilege not waived by volunteering evidence |
129 | Confidential communications with legal advisers | 134 | Confidential communication with legal advisers |
130 | Production of title-deeds of witness not a party | 135 | Production of title-deeds of witness not a party |
131 | Production of documents or electronic records which another person, having possession, could refuse to produce | 136 | Production of documents or electronic records which another person, having possession, would refuse to produce |
132 | Witness not excused from answering on ground that answer will criminate | 137 | Witness not excused from answering on ground that answer will criminate |
133 | Accomplice | 138 | Accomplice |
134 | Number of witnesses | 139 | Number of witnesses |
135 | Order of production and examination of witnesses | 140 | Order of production and examination of witnesses |
136 | Judge to decide as to admissibility of evidence | 141 | Judge to decide as to admissibility of evidence |
137 | Examination-in-chief | 142 | Examination of witnesses |
138 | Order of examinations | 143 | Order of examinations |
139 | Cross-examination of person called to produce a document | 144 | Cross-examination of person 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 |
144 | Evidence as to matters in writing | 147 | Evidence as to matters in writing |
145 | Cross-examination as to previous statements in writing | 148 | Cross-examination as to previous statements in writing |
146 | Questions lawful in cross-examination | 149 | Questions lawful in cross-examination |
147 | When witness to be compelled to answer | 150 | When witness to be compelled to answer |
148 | Court to decide when question shall be asked and when witness compelled to answer | 151 | Court to decide when question shall be asked and when witness compelled to answer |
149 | Question not to be asked without reasonable grounds | 152 | Question not to be asked without reasonable grounds |
150 | Procedure of Court in case of question being asked without reasonable grounds | 153 | Procedure of Court in case of question being asked without reasonable grounds |
151 | Indecent and scandalous questions | 154 | Indecent and scandalous questions |
152 | Questions intended to insult or annoy | 155 | Questions intended to insult or annoy |
153 | Exclusion of evidence to contradict answers to questions testing veracity | 156 | Exclusion of evidence to contradict answers to questions testing veracity |
154 | Question by party to his own witness | 157 | Question by party to his own witness |
155 | Impeaching credit of witness | 158 | Impeaching credit of witness |
156 | Questions tending to corroborate evidence of relevant fact, admissible | 159 | Questions tending to corroborate evidence of relevant fact, admissible |
157 | Former statements of witness may be proved to corroborate later testimony as to same fact | 160 | Former statements of witness may be proved to corroborate later testimony as to same fact |
158 | What matters may be proved in connection with proved statement relevant under section 32 or 33 | 161 | What matters may be proved in connection with proved statement relevant under section 32 or 33 |
159 | Refreshing memory | 162 | Refreshing memory |
160 | Testimony to facts stated in document mentioned in section 159 | 163 | Testimony to facts stated in document mentioned in section 159 |
161 | Right of adverse party as to writing used to refresh memory | 164 | Right of adverse party as to writing used to refresh memory |
162 | Production of documents | 165 | Production of documents |
163 | Giving, as evidence, of document called for and produced on notice | 166 | Giving, as evidence, of document called for and produced on notice |
164 | Using, as evidence, of document, production of which was refused on notice | 167 | Using, as evidence, of document production of which was refused on notice |
165 | Judge’s power to put questions or order production | 168 | Judge’s power to put questions or order production |
166 | Power of jury or assessors to put questions | — | — |
167 | No new trial for improper admission or rejection of evidence | 169 | No new trial for improper admission or rejection of evidence |