184 sections · official texts · free

Every Evidence Act section, and where it went in the BSA

On 1 July 2024 the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 as India’s law on evidence. The sections were renumbered, merged and in places rewritten. Find any Evidence Act section below to see its BSA number, both official texts side by side and what changed.

106 of the 184 sections changed in some way beyond the new number; 5 were not carried over at all.

Chapter I Preliminary

Evidence Act	Heading	BSA
1	Short title	1
3	Interpretation-clause	2(1)(a), 2(1)(c), 2(1)(d), 2(1)(e), 2(1)(f), 2(1)(g), 2(1)(i), 2(1)(j), 2(1)(k)
4	“May presume”	2(1)(b), 2(1)(h), 2(1)(l)

Chapter II Of the relevancy of facts

Evidence Act	Heading	BSA
5	Evidence may be given of facts in issue and relevant facts	3
6	Relevancy of facts forming part of same transaction	4
7	Facts which are the occasion, cause or effect of facts in issue	5
8	Motive, preparation and previous or subsequent conduct	6
9	Facts necessary to explain or introduce relevant facts	7
10	Things said or done by conspirator in reference to common design	8
11	When facts not otherwise relevant become relevant	9
12	In suits for damages, facts tending to enable Court to determine amount are relevant	10
13	Facts relevant when right or custom is in question	11
14	Facts showing existence of state of mind, or of body of bodily feeling	12
15	Facts bearing on question whether act was accidental or intentional	13
16	Existence of course of business when relevant	14
17	Admission defined	15
18	Admission by party to proceeding or his agent	16
19	Admissions by persons whose position must be proved as against party to suit	17
20	Admissions by persons expressly referred to by party to suit	18
21	Proof of admissions against persons making them, and by or on their behalf	19
22	When oral admissions as to contents of documents are relevant	20
22A	When oral admission as to contents of electronic records are relevant	not carried over
23	Admissions in civil cases when relevant	21
24	Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding	22(1)
25	Confession to police-officer not to be proved	23(1)
26	Confession by accused while in custody of police not to be proved against him	23(2)
27	How much of information received from accused may be proved	23(2)
28	Confession made after removal of impression caused by inducement, threat or promise, relevant	22(1)
29	Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc	22
30	Consideration of proved confession affecting person making it and others jointly under trial for same offence	24
31	Admissions not conclusive proof, but may estop	25
32	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant	26
33	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated	27
34	Entries in books of account when relevant	28
35	Relevancy of entry in public record made in performance of duty	29
36	Relevancy of statements in maps, charts and plans	30
37	Relevancy of statement as to fact of public nature contained in certain Acts or notifications	31
38	Relevancy of statements as to any law contained in law-books	32
39	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers	33
40	Previous judgments relevant to bar a second suit or trial	34
41	Relevancy of certain judgments in probate, etc., jurisdiction	35
42	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41	36
43	Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant	37
44	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved	38
45	Opinions of experts	39(1)
45A	Opinion of Examiner of Electronic Evidence	39(2)
46	Facts bearing upon opinions of experts	40
47	Opinion as to hand-writing, when relevant	41(1)
47A	Opinion as to digital signature, when relevant	41(2)
48	Opinion as to existence of right or custom, when relevant	42
49	Opinion as to usages, tenets, etc., when relevant	43
50	Opinion on relationship, when relevant	44
51	Grounds of opinion, when relevant	45
52	In civil cases character to prove conduct imputed, irrelevant	46
53	In criminal cases previous good character relevant	47
53A	Evidence of character or previous sexual experience not relevant in certain cases	48
54	Previous bad character not relevant, except in reply	49
55	Character as affecting damages	50

Chapter III Facts which need not be proved

Evidence Act	Heading	BSA
56	Fact judicially noticeable need not be proved	51
57	Facts of which Court must take judicial notice	52
58	Facts admitted need not be proved	53

Chapter IV Of oral evidence

Evidence Act	Heading	BSA
59	Proof of facts by oral evidence	54
60	Oral evidence must be direct	55

Chapter V Of documentary evidence

Evidence Act	Heading	BSA
61	Proof of contents of documents	56
62	Primary evidence	57
63	Secondary evidence	58
64	Proof of documents by primary evidence	59
65	Cases in which secondary evidence relating to documents may be given	60
65A	Special provisions as to evidence relating to electronic record	62
65B	Admissibility of electronic records	63
66	Rules as to notice to produce	64
67	Proof of signature and handwriting of person alleged to have signed or written document produced	65
67A	Proof as to electronic signature	66
68	Proof of execution of document required by law to be attested	67
69	Proof where no attesting witness found	68
70	Admission of execution by party to attested document	69
71	Proof when attesting witness denies the execution	70
72	Proof of document not required by law to be attested	71
73	Comparison of signature, writing or seal with others admitted or proved	72
73A	Proof as to verification of digital signature	73
74	Public documents	74(1)
75	Private documents	74(2)
76	Certified copies of public documents	75
77	Proof of documents by production of certified copies	76
78	Proof of other official documents	77
79	Presumption as to genuineness of certified copies	78
80	Presumption as to documents produced as record of evidence	79
81	Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents	80
81A	Presumption as to Gazettes in electronic forms	81
82	Presumption as to document admissible in England without proof of seal or signature	not carried over
83	Presumption as to maps or plans made by authority of Government	82
84	Presumption as to collections of laws and reports of decisions	83
85	Presumption as to powers-of-attorney	84
85A	Presumption as to electronic agreements	85
85B	Presumption as to electronic records and electronic signatures	86
85C	Presumption as to Electronic Signature Certificates	87
86	Presumption as to certified copies of foreign judicial records	88
87	Presumption as to books, maps and charts	89
88	Presumption as to telegraphic messages	not carried over
88A	Presumption as to electronic messages	90
89	Presumption as to due execution, etc., of documents not produced	91
90	Presumption as to documents thirty years old	92
90A	Presumption as to electronic records five years old	93

Chapter VI Of the exclusion of oral by documentary evidence

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

Chapter VII Of the burden of proof

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

Chapter VIII Estoppel

Evidence Act	Heading	BSA
115	Estoppel	121
116	Estoppel of tenants and of licensee of person in possession	122
117	Estoppel of acceptor of bill of exchange, bailee or licensee	123

Chapter IX Of witnesses

Evidence Act	Heading	BSA
118	Who may testify	124
119	Witness unable to communicate verbally	125
120	Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial	126
121	Judges and Magistrates	127
122	Communications during marriage	128
123	Evidence as to affairs of State	129
124	Official communications	130
125	Information as to commission of offences	131
126	Professional communications	132(1), 132(2)
127	Section 126 to apply to interpreters, etc	132(3)
128	Privilege not waived by volunteering evidence	133
129	Confidential communications with legal advisers	134
130	Production of title-deeds of witness not a party	135
131	Production of documents or electronic records which another person, having possession, could refuse to produce	136
132	Witness not excused from answering on ground that answer will criminate	137
133	Accomplice	138
134	Number of witnesses	139

Chapter X Of the examination of witnesses

Evidence Act	Heading	BSA
135	Order of production and examination of witnesses	140
136	Judge to decide as to admissibility of evidence	141
137	Examination-in-chief	142
138	Order of examinations	143
139	Cross-examination of person called to produce a document	144
140	Witnesses to character	145
141	Leading questions	146(1)
142	When they must not be asked	146(2), 146(3)
143	When they may be asked	146(4)
144	Evidence as to matters in writing	147
145	Cross-examination as to previous statements in writing	148
146	Questions lawful in cross-examination	149
147	When witness to be compelled to answer	150
148	Court to decide when question shall be asked and when witness compelled to answer	151
149	Question not to be asked without reasonable grounds	152
150	Procedure of Court in case of question being asked without reasonable grounds	153
151	Indecent and scandalous questions	154
152	Questions intended to insult or annoy	155
153	Exclusion of evidence to contradict answers to questions testing veracity	156
154	Question by party to his own witness	157
155	Impeaching credit of witness	158
156	Questions tending to corroborate evidence of relevant fact, admissible	159
157	Former statements of witness may be proved to corroborate later testimony as to same fact	160
158	What matters may be proved in connection with proved statement relevant under section 32 or 33	161
159	Refreshing memory	162
160	Testimony to facts stated in document mentioned in section 159	163
161	Right of adverse party as to writing used to refresh memory	164
162	Production of documents	165
163	Giving, as evidence, of document called for and produced on notice	166
164	Using, as evidence, of document production of which was refused on notice	167
165	Judge’s power to put questions or order production	168
166	Power of jury or assessors to put questions	not carried over

Chapter XI Of improper admission and rejection of evidence

Evidence Act	Heading	BSA
167	No new trial for improper admission or rejection of evidence	169

Not carried over

Evidence Act sections with no BSA counterpart

The other way round

From a BSA section back to the Evidence Act

All 170 BSA sections

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

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

How this converter was made

Each Evidence Act section is matched to its BSA section from the correspondence table published by the Bureau of Police Research and Development (Ministry of Home Affairs). Every match was then checked word by word against both Acts as India Code publishes them; where the table runs two entries together or leaves a section out, the correction is ours and was checked the same way. The note on each page says what changed in the words, and is written from that comparison.