Study Section

Section 1 Short title, application and commencement BSA Section 2 Definitions BSA Section 3 Evidence — "may presume", "shall presume", "conclusive proof" Interpretation of key evidentiary presumptions under the Bharatiya Sakshya Adhiniyam. BSA Section 4 Relevancy of facts forming part of same transaction BSA Section 5 Facts which are occasion, cause or effect of facts in issue or relevant facts BSA Section 6 Motive, preparation and previous or subsequent conduct BSA Section 7 Facts necessary to explain or introduce fact in issue or relevant facts BSA Section 8 Things said or done by conspirator in reference to common design BSA Section 9 When facts not otherwise relevant become relevant BSA Section 10 Facts tending to enable Court to determine amount are relevant in suits for damages BSA Section 11 Facts relevant when right or custom is in question BSA Section 12 Facts showing existence of state of mind, or of body or bodily feeling BSA Section 13 Facts bearing on question whether act was accidental or intentional BSA Section 14 Existence of course of business when relevant BSA Section 15 Admission defined BSA Section 16 Admission by party to proceeding or his agent BSA Section 17 Admissions by persons whose position must be proved as against party to suit BSA Section 18 Admissions by persons expressly referred to by party to suit BSA Section 19 Proof of admissions against persons making them, and by or on their behalf BSA Section 20 When oral admissions as to contents of documents are relevant BSA Section 21 Admissions in civil cases when relevant BSA Section 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding BSA Section 23 Confession to police officer BSA Section 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence BSA Section 25 Admissions not conclusive proof, but may estop BSA Section 26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant BSA Section 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated BSA Section 28 Entries in books of account when relevant BSA Section 29 Relevancy of entry in public record or an electronic record made in performance of duty BSA Section 30 Relevancy of statements in maps, charts and plans BSA Section 31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications BSA Section 32 Relevancy of statements as to any law contained in law books including electronic or digital form BSA Section 33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers BSA Section 34 Previous judgments relevant to bar a second suit or trial BSA Section 35 Relevancy of certain judgments in probate, etc., jurisdiction BSA Section 36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 BSA Section 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant BSA Section 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved BSA Section 39 Opinions of experts BSA Section 40 Facts bearing upon opinions of experts BSA Section 41 Opinion as to handwriting and signature, when relevant BSA Section 42 Opinion as to existence of general custom or right, when relevant BSA Section 43 Opinion as to usages, tenets, etc., when relevant BSA Section 44 Opinion on relationship, when relevant BSA Section 45 Grounds of opinion, when relevant BSA Section 46 In civil cases character to prove conduct imputed, irrelevant BSA Section 47 In criminal cases previous good character relevant BSA Section 48 Evidence of character or previous sexual experience not relevant in certain cases BSA Section 49 Previous bad character not relevant, except in reply BSA Section 50 Character as affecting damages BSA Section 51 Fact judicially noticeable need not be proved BSA Section 52 Facts of which Court shall take judicial notice BSA Section 53 Facts admitted need not be proved BSA Section 54 Proof of facts by oral evidence BSA Section 55 Oral evidence to be direct BSA Section 56 Proof of contents of documents BSA Section 57 Primary evidence BSA Section 58 Secondary evidence BSA Section 59 Proof of documents by primary evidence BSA Section 60 Cases in which secondary evidence relating to documents may be given BSA Section 61 Admissibility of electronic or digital records Electronic and digital records are admissible as evidence subject to conditions. BSA Section 62 Special provisions as to evidence relating to electronic record BSA Section 63 Admissibility of electronic records BSA Section 64 Rules as to notice to produce BSA Section 65 Proof of signature and handwriting of person alleged to have signed or written document produced BSA Section 66 Proof as to electronic signature BSA Section 67 Proof of execution of document required by law to be attested BSA Section 68 Proof where no attesting witness found BSA Section 69 Admission of execution by party to attested document BSA Section 70 Proof when attesting witness denies execution BSA Section 71 Proof of document not required by law to be attested BSA Section 72 Comparison of signature, writing or seal with others admitted or proved BSA Section 73 Proof as to verification of digital signature BSA Section 74 Public and private documents BSA Section 75 Certified copies of public documents BSA Section 76 Proof of documents by production of certified copies BSA Section 77 Proof of other official documents BSA Section 78 Presumption as to genuineness of certified copies BSA Section 79 Presumption as to documents produced as record of evidence, etc. BSA Section 80 Presumption as to Gazettes, newspapers, and other documents BSA Section 81 Presumption as to Gazettes in electronic or digital record BSA Section 82 Presumption as to maps or plans made by authority of Government BSA Section 83 Presumption as to collections of laws and reports of decisions BSA Section 84 Presumption as to powers-of-attorney BSA Section 85 Presumption as to electronic agreements BSA Section 86 Presumption as to electronic records and electronic signatures BSA Section 87 Presumption as to Electronic Signature Certificates BSA Section 88 Presumption as to certified copies of foreign judicial records BSA Section 89 Presumption as to books, maps and charts BSA Section 90 Presumption as to electronic messages BSA Section 91 Presumption as to due execution, etc., of documents not produced BSA Section 92 Presumption as to documents thirty years old BSA Section 93 Presumption as to electronic records five years old BSA Section 94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document BSA Section 95 Exclusion of evidence of oral agreement BSA Section 96 Exclusion of evidence to explain or amend ambiguous document BSA Section 97 Exclusion of evidence against application of document to existing facts BSA Section 98 Evidence as to document unmeaning in reference to existing facts BSA Section 99 Evidence as to application of language which can apply to one only of several persons BSA Section 100 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies BSA Section 101 Evidence as to meaning of illegible characters, etc. BSA Section 102 Who may give evidence of agreement varying terms of document BSA Section 103 Saving of provisions of Indian Succession Act relating to wills BSA Section 104 Burden of proof BSA Section 105 On whom burden of proof lies BSA Section 106 Burden of proof as to particular fact BSA Section 107 Burden of proving fact to be proved to make evidence admissible BSA Section 108 Burden of proving that case of accused comes within exceptions BSA Section 109 Burden of proving fact especially within knowledge BSA Section 110 Burden of proving death of person known to have been alive within thirty years BSA Section 111 Burden of proving that person is alive who has not been heard of for seven years BSA Section 112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent BSA Section 113 Burden of proof as to ownership BSA Section 114 Proof of good faith in transactions where one party is in relation of active confidence BSA Section 115 Presumption as to certain offences BSA Section 116 Birth during marriage, conclusive proof of legitimacy BSA Section 117 Presumption as to abetment of suicide by a married woman BSA Section 118 Presumption as to dowry death BSA Section 119 Court may presume existence of certain facts BSA Section 120 Presumption as to absence of consent in certain prosecution for rape BSA Section 121 Estoppel BSA Section 122 Estoppel of tenant and of licensee of person in possession BSA Section 123 Estoppel of acceptor of bill of exchange, bailee or licensee BSA Section 124 Who may testify BSA Section 125 Witness unable to communicate verbally BSA Section 126 Competency of husband and wife as witnesses in certain cases BSA Section 127 Judges and Magistrates BSA Section 128 Communications during marriage BSA Section 129 Evidence as to affairs of State BSA Section 130 Official communications BSA Section 131 Information as to commission of offences BSA Section 132 Professional communications BSA Section 133 Privilege not waived by volunteering evidence BSA Section 134 Confidential communication with legal advisers BSA Section 135 Production of title-deeds of witness not a party BSA Section 136 Production of documents or electronic records which another person, having possession, could refuse to produce BSA Section 137 Witness not excused from answering on ground that answer will criminate BSA Section 138 Accomplice BSA Section 139 Number of witnesses BSA Section 140 Order of production and examination of witnesses BSA Section 141 Judge to decide as to admissibility of evidence BSA Section 142 Examination of witnesses BSA Section 143 Order of examinations BSA Section 144 Cross-examination of person called to produce a document BSA Section 145 Witnesses to character BSA Section 146 Leading questions BSA Section 147 Evidence as to matters in writing BSA Section 148 Cross-examination as to previous statements in writing BSA Section 149 Questions lawful in cross-examination BSA Section 150 When witness to be compelled to answer BSA Section 151 Court to decide when question shall be asked and when witness compelled to answer BSA Section 152 Question not to be asked without reasonable grounds BSA Section 153 Procedure of Court in case of question being asked without reasonable grounds BSA Section 154 Indecent and scandalous questions BSA Section 155 Questions intended to insult or annoy BSA Section 156 Exclusion of evidence to contradict answers to questions testing veracity BSA Section 157 Question by party to his own witness BSA Section 158 Impeaching credit of witness BSA Section 159 Questions tending to corroborate evidence of relevant fact, admissible BSA Section 160 Former statements of witness may be proved to corroborate later testimony as to same fact BSA Section 161 What matters may be proved in connection with proved statement relevant under section 26 or 27 BSA Section 162 Refreshing memory BSA Section 163 Testimony to facts stated in document mentioned in section 162 BSA Section 164 Right of adverse party as to writing used to refresh memory BSA Section 165 Production of documents BSA Section 166 Giving, as evidence, of document called for and produced on notice BSA Section 167 Using, as evidence, of document production of which was refused on notice BSA Section 168 Judge's power to put questions or order production BSA Section 169 No new trial for improper admission or rejection of evidence BSA Section 170 Repeal and savings BSA