The Bharatiya Sakshya Adhiniyam, 2023
India’s law of evidence since 1 July 2024, in place of the Indian Evidence Act. Electronic records, confessions, dying declarations and the burden of proof, under their new numbers.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is India’s law of evidence — Act 47 of 2023, in force since 1 July 2024, replacing the Indian Evidence Act, 1872. It decides what can be proved in court and how, and has 170 sections. Electronic evidence is now section 63 (formerly 65B), and its certificate has a prescribed form signed by both the person in charge of the device and an expert. Cases already pending on 1 July 2024 stay under the old Act.
Key takeaways
- BSA is the Bharatiya Sakshya Adhiniyam, 2023 — the new Evidence Act. Section 65B is now section 63, section 27 is now the proviso to section 23, and section 32 is now section 26.
- It applies to proceedings begun on or after 1 July 2024. A trial, inquiry or appeal already pending on that date is dealt with under the Indian Evidence Act (s. 170(2)).
- An electronic record’s certificate must now be signed by the person in charge of the device AND an expert, in a two-part form set out in the Schedule that asks for the record’s hash value.
- Six sections on confessions became two. Section 22 adds "coercion" to what makes a confession irrelevant; confessions to police still cannot be proved.
- The Government’s comparison table for this Act marks no provision as changed, so its 160 "moved" rows are not a guarantee of unchanged wording. Only 5 provisions were dropped, and 2 are new.
Counted over old provisions — 184 of them — so the bars answer “what happened to the number I used to look up”. Counting new sections instead would make the same change look smaller, because several old provisions often share one new one.
- Moved one-to-one160(87%)
A one-to-one move. This table does not mark changes, so this is not proof of the same words.
- Merged into a shared section19(10%)
Folded in with others, landing in a sub-section.
- Split across provisions0(0%)
One old provision, now more than one.
- Repealed with no replacement5(3%)
Gone, and nothing took its place.
2 provisions of the Sanhita have no counterpart in the old Code at all. Those are not renumberings of anything — they are new offences, and no old section number leads to them.
| Outcome | Provisions |
|---|---|
| Moved one-to-one | 160 |
| Merged into a shared section | 19 |
| Split across provisions | 0 |
| Repealed with no replacement | 5 |
| Total old provisions accounted for | 184 |
Derived from the Ministry of Home Affairs corresponding-section table for the BSA, row by row. Unlike the tables for the BNS and BNSS, this one marks no provision as changed, so there is no changed-in-substance bar: a zero there would read as a finding, when it only means the table does not say.
What the Bharatiya Sakshya Adhiniyam is
"Bharatiya Sakshya Adhiniyam" translates roughly as "Indian Evidence Act". It governs what facts may be proved in a court, who has to prove them, how documents and electronic records are proved, and how witnesses are examined. It applies to all judicial proceedings in or before any court, including courts-martial, civil and criminal alike — but not to affidavits, and not to proceedings before an arbitrator (s. 1(2)). It is not only a criminal law, although it came into force as one of the three criminal law reforms.
It is Act 47 of 2023, in force from 1 July 2024, and it repealed the Indian Evidence Act, 1872. It has 170 sections in 12 chapters, arranged in four Parts. Of the three new Acts it is the most conservative: the Evidence Act’s structure survives almost intact, and most of its sections simply moved a few places.
The Government’s corresponding-section table lists 184 Evidence Act provisions. 160 moved one-to-one, 19 were merged into a shared section and 5 were dropped. Only 2 BSA provisions have no predecessor, and one of them is the repeal section itself.
The comparison tables for the BNS and BNSS mark which provisions were altered. The table for the Evidence Act does not mark any. So a BSA section listed as a move from an Evidence Act section may still have been rewritten — section 63 is the clearest example. Where this page says something changed, that comes from reading the new text.
Which cases the BSA applies to
Like the procedure Code, the BSA does not follow the date of the offence. Section 170(2) says that where any application, trial, inquiry, investigation, proceeding or appeal was pending immediately before 1 July 2024, it "shall be dealt with under the provisions of the Indian Evidence Act, 1872 … as if this Adhiniyam had not come into force".
So a trial that began in 2023 runs to its end under the Evidence Act, including any appeal that was pending. A proceeding begun on or after 1 July 2024 uses the BSA — even if the events it concerns happened years earlier.
This matters most for electronic evidence. A record produced in a trial that was pending before July 2024 is tested against section 65B of the old Act; the same record produced in a new proceeding needs the section 63 certificate in the Schedule’s form. Using the wrong certificate for the wrong proceeding is an avoidable objection.
Electronic evidence under section 63 (formerly 65B)
The BSA treats electronic records as documents from the start. The definition of "document" in section 2 includes electronic and digital records, and its illustration names emails, server logs, documents on computers, laptops and smartphones, messages, websites, locational evidence and voice mail.
Section 57 adds that where a record is stored in several files at the same time or one after another, each file is primary evidence, and that a record produced from proper custody is primary evidence unless it is disputed. Section 61 says an electronic or digital record cannot be denied admissibility merely because it is electronic — but "subject to section 63", which is where the real conditions sit.
Section 63 keeps the familiar structure of 65B: conditions about how the output was produced, and a certificate. The certificate has changed. Section 63(4) requires it to be signed by the person in charge of the computer or communication device, or of the relevant activities, "and an expert", and it must be in the form "specified in the Schedule".
That Schedule form has two parts. Part A is filled by the party producing the record and identifies the device or source — computer, mobile, DVR, server, cloud and so on — with its make, model and identifiers, and states it was in regular lawful use and working properly. Part B is filled by the expert. Both parts ask for the hash value of the record, with fields for SHA1, SHA256 and MD5, and both say a hash report is to be enclosed.
For opinions about electronic records, section 39(2) makes the opinion of the Examiner of Electronic Evidence under section 79A of the Information Technology Act a relevant fact, and treats that examiner as an expert.
Confessions, and the rule that used to be "section 27"
The Evidence Act spread confessions across sections 24 to 29. The BSA puts them in two sections with provisos, and the substance of the familiar rules is intact.
Section 22 makes a confession irrelevant in a criminal proceeding if it appears to have been caused by an inducement, threat, coercion or promise, from a person in authority, relating to the charge. "Coercion" is new to the list. Its first proviso makes such a confession relevant again if made after the impression has, in the court’s opinion, been fully removed; its second preserves a confession made under a promise of secrecy or through a deception.
Section 23(1) keeps the absolute rule that no confession made to a police officer can be proved against the accused. Section 23(2) bars a confession made by someone in police custody unless it was made in the immediate presence of a Magistrate.
The proviso to section 23 is the old section 27. Where a fact is discovered because of information from an accused in police custody, so much of that information as relates distinctly to the fact discovered may be proved, whether or not it amounts to a confession. Anyone still searching for "section 27 Evidence Act" is looking for this proviso.
Dying declarations, the burden of proof and witnesses
Statements by people who cannot give evidence — the rule that covers dying declarations — are section 26, formerly section 32. A statement by a person as to the cause of their death, or the circumstances of the transaction that resulted in it, is relevant where that cause is in question, and it is relevant whether or not the person expected to die when they made it.
The burden of proof moved without renaming: the general rule that whoever wants judgment on facts they assert must prove those facts is section 104 (formerly 101), and the burden of proving a fact especially within a person’s own knowledge is section 109 (formerly 106). The presumption as to dowry death is section 118, formerly 113B.
On witnesses, the rule on who may testify is section 124 (formerly 118), the order of examination-in-chief, cross-examination and re-examination is section 143 (formerly 138), and the court’s power to let a party put to its own witness the questions the other side could ask in cross-examination — the “hostile witness” rule — is section 157 (formerly 154). Leading questions, spread across three Evidence Act sections, are now section 146.
What the BSA dropped
Only 5 Evidence Act provisions have no successor, and they show what the reform was clearing out. The presumption about documents admissible in England without proof of seal or signature (s. 82) and the proof of cession of territory (s. 113) are colonial leftovers. The power of a jury or assessors to put questions (s. 166) went with the jury system. The presumption about telegraphic messages (s. 88) went with the telegram.
The fifth is less obvious: section 22A of the Evidence Act, headed “when oral admission as to contents of electronic records are relevant”. The comparison table marks it deleted, with no BSA provision listed in its place — so a reader relying on that rule should check what, if anything, now covers the point before assuming it survives.
More questions about this page
What is the full form of BSA?▼
What is section 65B of the Evidence Act in BSA?▼
What is section 27 of the Evidence Act in BSA?▼
Is a confession to the police admissible under BSA?▼
What is dying declaration under BSA?▼
Does the BSA apply to old cases?▼
Who signs the section 63 certificate?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Section text for ss. 2, 22, 23, 26, 39, 57, 61, 63 and 170, and the Schedule certificate form, read from the Act and its Schedule PDF.
- Every Evidence Act-to-BSA mapping on this page and the full table below. This table carries no change markers.
- Is it a document?s. 2
Yes. "Document" includes electronic and digital records, and the illustration lists emails, server logs, documents on computers, laptops or smartphones, messages, websites, locational evidence and voice mail.
- Can it be primary evidence?s. 57, Explanations 4 and 5
Yes. Where a record is stored in several files at once, each file is primary evidence; a record produced from proper custody is primary evidence unless it is disputed.
- Can it be refused just for being electronic?s. 61
No — but only "subject to section 63". Section 61 stops a court rejecting a record for its form; it does not remove the conditions for admitting it.
- What makes it admissible?s. 63(2) and (4)
The conditions in section 63(2), and a certificate signed by the person in charge of the device or the relevant activities AND by an expert, in the form set out in the Schedule.
Identifies the device or source — computer, mobile, server, cloud and so on — with its make, model and serial or IMEI/cloud ID, and states it was in regular, lawful use and working properly.
The expert states the device or source the record was obtained from — the same list of device types, make, model and identifiers — and certifies it separately from the party.
Both parts ask for the hash value of the record — the form has fields for SHA1, SHA256 and MD5 — and both say a hash report is to be enclosed with the certificate.
Bharatiya Sakshya Adhiniyam, 2023, ss. 2, 57, 61 and 63, and the Schedule, read as enacted. The Government’s comparison table lists section 63 as a plain move from section 65B of the Evidence Act; that table carries no change markers for this Act, and the certificate format above is new.
| The statement | Can it be proved? | Rule |
|---|---|---|
| Made to a police officer | No | No confession made to a police officer can be proved against the accused. (s. 23(1)) |
| Made to anyone while in police custody | No, unless a Magistrate is present | Not provable unless made in the immediate presence of a Magistrate. (s. 23(2)) |
| Caused by inducement, threat, coercion or promise from a person in authority | No | Irrelevant in a criminal proceeding — unless made after the impression it caused has been fully removed. (s. 22 and its first proviso) |
| Information from an accused in custody that leads to a fact being discovered | Partly | So much of the information as relates distinctly to the fact discovered may be proved, whether or not it amounts to a confession. (proviso to s. 23) |
Sections 22 and 23 replaced sections 24 to 29 of the Indian Evidence Act, merging six sections into two with provisos. The discovery rule, long known as “section 27”, is now the proviso to section 23. Section 22 adds “coercion” to the list of things that make a confession irrelevant.
The BSA provisions people actually look up
Each with the Evidence Act section it replaced. “Moved — not marked” means the Government’s table lists a move and, as for every row in this Act, says nothing about change either way. The two changes shown were found by reading the new text.
| Section | Was | What it does | Change |
|---|---|---|---|
| BSA 2 | IEA 3, 4 | DefinitionsDefinitions — "document" now expressly includes electronic and digital records. | merged |
| BSA 22 | IEA 24, 28, 29 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceedingA confession caused by inducement, threat, coercion or promise is irrelevant. | adds “coercion” |
| BSA 23 | IEA 25, 26, 27 | Confession to police officerConfessions to police cannot be proved; the proviso is the old discovery rule, s. 27. | merged |
| BSA 26 | IEA 32 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevantStatements of people who cannot testify, including dying declarations. | moved — not marked |
| BSA 39 | IEA 45, 45A | Opinions of expertsExpert opinion, including the Examiner of Electronic Evidence. | merged |
| BSA 57 | IEA 62 | Primary evidencePrimary evidence, with new explanations for electronic records. | moved — not marked |
| BSA 61 | — | Electronic or digital recordAn electronic record cannot be refused merely for being electronic. | new |
| BSA 63 | IEA 65B | Admissibility of electronic recordsAdmissibility of electronic records, and the two-signature certificate. | new certificate form |
| BSA 104 | IEA 101 | Burden of proofBurden of proof. | moved — not marked |
| BSA 109 | IEA 106 | Burden of proving fact especially within knowledgeBurden of proving a fact especially within a person’s knowledge. | moved — not marked |
| BSA 118 | IEA 113B | Presumption as to dowry deathPresumption as to dowry death. | moved — not marked |
| BSA 119 | IEA 114 | Court may presume existence of certain factsFacts the court may presume. | moved — not marked |
| BSA 124 | IEA 118 | Who may testifyWho may testify. | moved — not marked |
| BSA 143 | IEA 138 | Order of examinationsOrder of examination-in-chief, cross-examination and re-examination. | moved — not marked |
| BSA 146 | IEA 141, 142, 143 | Leading questionsLeading questions. | merged |
| BSA 157 | IEA 154 | Question by party to his own witnessPermitting a party to cross-examine its own witness. | moved — not marked |
| BSA 170 | — | Repeal and savingsRepeal of the Evidence Act, and which cases it still governs. | new |
Every Evidence Act section and its BSA number
All 184 Indian Evidence Act provisions in the Government’s corresponding-section table, by chapter. Tap a chapter to open it. This is the same data the section converter uses for the Evidence Act.
The what happened column is the part to read. Merged means the new section alone is not your answer and the sub-section is. Changed means the Government’s table marks the provision altered. Repealed means there is no new number. This table marks no changes at all for the Evidence Act, so “moved” here only means a one-to-one move — read the new section before relying on old case law.
PART I CHAPTER I PRELIMINARY3
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 1 | Short title. Extent. Commencement of Act. | 1 | movednow: Short title, application and commencement. |
| 3 | Interpretation-clause. | 2 | mergednow: Definitions. |
| 4 | ― May Presume. ―Shall presume. ―Conclusive proof. | 2 | mergednow: Definitions. |
PART II CHAPTER II RELEVANCY OF FACTS58
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 5 | Evidence may be given of facts in issue and relevant facts. | 3 | movednow: Evidence may be given of facts in issue and relevant facts. |
| 6 | Relevancy of facts forming part of same transaction. | 4 | movednow: Relevancy of facts forming part of same transaction. |
| 7 | Facts which are the occasion, cause or effect of facts in issue. | 5 | movednow: Facts which are occasion, cause or effect of facts in issue or relevant facts. |
| 8 | Motive, preparation and previous or subsequent conduct. | 6 | movednow: Motive, preparation and previous or subsequent conduct. |
| 9 | Facts necessary to explain or introduce relevant facts. | 7 | movednow: 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 | movednow: Things said or done by conspirator in reference to common design. |
| 11 | When facts not otherwise relevant become relevant. | 9 | movednow: When facts not otherwise relevant become relevant. |
| 12 | In suits for damages, facts tending to enable Court to determine amount are relevant. | 10 | movednow: 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 | movednow: Facts relevant when right or custom is in question. |
| 14 | Facts showing existence of state of mind, or of body of bodily feeling. | 12 | movednow: Facts showing existence of state of mind, or of body or bodily feeling. |
| 15 | Facts bearing on question whether act was accidental or intentional. | 13 | movednow: Facts bearing on question whether act was accidental or intentional. |
| 16 | Existence of course of business when relevant. | 14 | movednow: Existence of course of business when relevant. |
| 17 | Admission defined. | 15 | movednow: Admission defined. |
| 18 | Admission - by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived. | 16 | movednow: Admission by party to proceeding or his agent. |
| 19 | Admissions by persons whose position must be proved as against party to suit. | 17 | movednow: 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 | movednow: 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 | movednow: 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 | movednow: When oral admissions as to contents of documents are relevant. |
| 22A | When oral admission as to contents of electronic records are relevant. | none | repealed |
| 23 | Admissions in civil cases when relevant. | 21 | movednow: Admissions in civil cases when relevant. |
| 24 | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding. | 22 | mergednow: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. |
| 28 | Confession made after removal of impression caused by inducement, threat or promise, relevant. | 22, proviso 1 | mergednow: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. |
| 29 | Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. | 22, proviso 2 | mergednow: Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. |
| 25 | Confession to police-officer not to be proved. | 23(1) | mergednow: Confession to police officer. |
| 26 | Confession by accused while in custody of Police not to be proved against him. | 23(2) | mergednow: Confession to police officer. |
| 27 | How much of information received from accused may be proved. | 23, proviso | mergednow: Confession to police officer. |
| 30 | Consideration of proved confession affecting person making it and others jointly under trial for same offence. | 24 | movednow: 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 | movednow: 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 | movednow: Cases in which statement of 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 | movednow: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. |
| 34 | Entries in books of account, including when relevant. | 28 | movednow: Entries in books of account when relevant. |
| 35 | Relevancy of entry in public record made in performance of duty. | 29 | movednow: 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 | movednow: 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 | movednow: 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 | movednow: Relevancy of statements as to any law contained in law books including electronic or digital form. |
| 39 | What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers. | 33 | movednow: 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 | movednow: Previous judgments relevant to bar a second suit or trial. |
| 41 | Relevancy of certain judgments in probate, etc., jurisdiction. | 35 | movednow: 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 | movednow: 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, 41 and 42, when relevant. | 37 | movednow: 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 | movednow: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. |
| 45 | Opinions of experts. | 39(1) | mergednow: Opinions of experts. |
| 45A | Opinion of Examiner of Electronic Evidence. | 39(2) | mergednow: Opinions of experts. |
| 46 | Facts hearing upon opinions of experts. | 40 | movednow: Facts bearing upon opinions of experts. |
| 47 | Opinion as to handwriting, when relevant. | 41(1) | mergednow: Opinion as to handwriting and signature, when relevant. |
| 47A | Opinion as to digital signature, when relevant. | 41(2) | mergednow: Opinion as to handwriting and signature, when relevant. |
| 48 | Opinion as to existence of right or custom, when relevant. | 42 | movednow: Opinion as to existence of general custom or right, when relevant. |
| 49 | Opinion as to usages, tenets, etc., when relevant. | 43 | movednow: Opinion as to usages, tenets, etc., when relevant. |
| 50 | Opinion on relationship, when relevant. | 44 | movednow: Opinion on relationship, when relevant. |
| 51 | Grounds of opinion, when relevant. | 45 | movednow: Grounds of opinion, when relevant. |
| 52 | In civil cases character to prove conduct imputed, irrelevant. | 46 | movednow: In civil cases character to prove conduct imputed, irrelevant. |
| 53 | In criminal cases previous good character relevant. | 47 | movednow: In criminal cases previous good character relevant. |
| 53A | Evidence of character or previous sexual experience not relevant in certain cases. | 48 | movednow: Evidence of character or previous sexual experience not relevant in certain cases. |
| 54 | Previous bad character not relevant, except in reply. | 49 | movednow: Previous bad character not relevant, except in reply. |
| 55 | Character as affecting damages. | 50 | movednow: Character as affecting damages. |
| 56 | Fact judicially noticeable need not be proved. | 51 | movednow: Fact judicially noticeable need not be proved. |
| 57 | Facts of which Court must take judicial notice. | 52 | movednow: Facts of which Court shall take judicial notice. |
| 58 | Facts admitted need not be proved. | 53 | movednow: Facts admitted need not be proved. |
CHAPTER IV OF ORAL EVIDENCE2
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 59 | Proof of facts by oral evidence. | 54 | movednow: Proof of facts by oral evidence. |
| 60 | Oral evidence must be direct. | 55 | movednow: Oral evidence to be direct. |
CHAPTER V OF DOCUMENTARY EVIDENCE40
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 61 | Proof of contents of documents. | 56 | movednow: Proof of contents of documents. |
| 62 | Primary evidence. | 57 | movednow: Primary evidence. |
| 63 | Secondary evidence. | 58 | movednow: Secondary evidence. |
| 64 | Proof of documents by primary evidence. | 59 | movednow: Proof of documents by primary evidence. |
| 65 | Cases in which secondary evidence relating to documents may be given. | 60 | movednow: Cases in which secondary evidence relating to documents maybe given. |
| 65A | Special provisions as to evidence relating to electronic record. | 62 | movednow: Special provisions as to evidence relating to electronic record. |
| 65B | Admissibility of electronic records. | 63 | movednow: Admissibility of electronic records. |
| 66 | Rules as to notice to produce. | 64 | movednow: Rules as to notice to produce. |
| 67 | Proof of signature and handwriting of person alleged to have signed or written document produced. | 65 | movednow: Proof of signature and handwriting of person alleged to have signed or written document produced. |
| 67A | Proof as to electronic signature. | 66 | movednow: Proof as to electronic signature. |
| 68 | Proof of execution of document required by law to be attested. | 67 | movednow: Proof of execution of document required by law to be attested. |
| 69 | Proof where no attesting witness found. | 68 | movednow: Proof where no attesting witness found. |
| 70 | Admission of execution by party to attested document. | 69 | movednow: Admission of execution by party to attested document. |
| 71 | Proof when attesting witness denies the execution. | 70 | movednow: Proof when attesting witness denies execution. |
| 72 | Proof of document not required by law to be attested. | 71 | movednow: Proof of document not required by law to be attested. |
| 73 | Comparison of signature, writing or seal with others admitted or proved. | 72 | movednow: Comparison of signature, writing or seal with others admitted or proved. |
| 73A | Proof as to verification of digital signature. | 73 | movednow: Proof as to verification of digital signature. |
| 74 | Public documents. | 74(1) | mergednow: Public and private documents. |
| 75 | Private documents. | 74(2) | mergednow: Public and private documents. |
| 76 | Certified copies of public documents. | 75 | movednow: Certified copies of public documents. |
| 77 | Proof of documents by production of certified copies. | 76 | movednow: Proof of documents by production of certified copies. |
| 78 | Proof of other official documents. | 77 | movednow: Proof of other official documents. |
| 79 | Presumption as to genuineness of certified copies. | 78 | movednow: Presumption as to genuineness of certified copies. |
| 80 | Presumption as to documents produced as record of evidence. | 79 | movednow: Presumption as to documents produced as record of evidence, etc. |
| 81 | Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. Explanation of S. 90 | 80 | movednow: Presumption as to Gazettes, newspapers, and other documents. |
| 81A | Presumption as to Gazettes in electronic forms. Explanation of S. 90A | 81 | movednow: Presumption as to Gazettes in electronic or digital record. |
| 82 | Presumption as to document admissible in England without proof of seal or signature. | none | repealed |
| 83 | Presumption as to maps or plans made by authority of Government. | 82 | movednow: Presumption as to maps or plans made by authority of Government. |
| 84 | Presumption as to collections of laws and reports of decisions. | 83 | movednow: Presumption as to collections of laws and reports of decisions. |
| 85 | Presumptions as to powers-of-attorney. | 84 | movednow: Presumption as to powers-of-attorney. |
| 85A | Presumption as to electronic agreements. | 85 | movednow: Presumption as to electronic agreements. |
| 85B | Presumption as to electronic records and electronic signatures. | 86 | movednow: Presumption as to electronic records and electronic signatures. |
| 85C | Presumption as to electronic signature certificates. | 87 | movednow: Presumption as to Electronic Signature Certificates. |
| 86 | Presumption as to certified copies of foreign judicial records. | 88 | movednow: Presumption as to certified copies of foreign judicial records. |
| 87 | Presumption as to books, maps and charts. | 89 | movednow: Presumption as to books, maps and charts. |
| 88 | Presumption as to telegraphic messages. | none | repealed |
| 88A | Presumption as to electronic messages. | 90 | movednow: Presumption as to electronic messages. |
| 89 | Presumption as to due execution, etc., of documents not produced. | 91 | movednow: Presumption as to due execution, etc., of documents not produced. |
| 90 | Presumption as to documents thirty years old. | 92 | movednow: Presumption as to documents thirty years old. |
| 90A | Presumption as to electronic records five years old. | 93 | movednow: Presumption as to electronic records five years old. |
CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE28
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 91 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. | 94 | movednow: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. |
| 92 | Exclusion of evidence of oral agreement. | 95 | movednow: Exclusion of evidence of oral agreement. |
| 93 | Exclusion of evidence to explain or amend ambiguous document. | 96 | movednow: Exclusion of evidence to explain or amend ambiguous document. |
| 94 | Exclusion of evidence against application of document to existing facts. | 97 | movednow: Exclusion of evidence against application of document to existing facts. |
| 95 | Evidence as to document unmeaning in reference to existing facts. | 98 | movednow: Evidence as to document unmeaning in reference to existing facts. |
| 96 | Evidence as to application of language which can apply to one only of several persons. | 99 | movednow: 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 | movednow: . 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 | movednow: Evidence as to meaning of illegible characters, etc. |
| 99 | Who may give evidence of agreement varying terms of document. | 102 | movednow: Who may give evidence of agreement varying terms of document. |
| 100 | Saving of provisions of Indian Succession Act relating to wills. | 103 | movednow: Saving of provisions of Indian Succession Act relating to wills. |
| 101 | Burden of proof. | 104 | movednow: Burden of proof. |
| 102 | On whom burden of proof lies. | 105 | movednow: On whom burden of proof lies. |
| 103 | Burden of proof as to particular fact. | 106 | movednow: Burden of proof as to particular fact. |
| 104 | Burden of proving fact to be proved to make evidence admissible. | 107 | movednow: Burden of proving fact to be proved to make evidence admissible. |
| 105 | Burden of proving that case of accused comes within exceptions. | 108 | movednow: Burden of proving that case of accused comes within exceptions. |
| 106 | Burden of proving fact especially within knowledge. | 109 | movednow: Burden of proving fact especially within knowledge. |
| 107 | Burden of proving death of person known to have been alive within thirty years. | 110 | movednow: 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 | movednow: 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 | movednow: 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 | movednow: Burden of proof as to ownership. |
| 111 | Proof of good faith in transactions where one party is in relation of active confidence. | 114 | movednow: Proof of good faith in transactions where one party is in relation of active confidence. |
| 111A | Presumption as to certain offences. | 115 | movednow: Presumption as to certain offences. |
| 112 | Birth during marriage, conclusive proof of legitimacy. | 116 | movednow: Birth during marriage, conclusive proof of legitimacy. |
| 113 | Proof of cession of territory. | none | repealed |
| 113A | Presumption as to abetment of suicide by a married woman. | 117 | movednow: Presumption as to abetment of suicide by a married woman. |
| 113B | Presumption as to dowry death. | 118 | movednow: Presumption as to dowry death. |
| 114 | Court may presume existence of certain facts. | 119 | movednow: Court may presume existence of certain facts. |
| 114A | Presumption as to absence of consent in certain prosecution for rape | 120 | movednow: Presumption as to absence of consent in certain prosecution for rape. |
CHAPTER VIII ESTOPPEL3
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 115 | Estoppel. | 121 | movednow: Estoppel. |
| 116 | Estoppel of tenants and of licensee of person in possession. | 122 | movednow: Estoppel of tenant and of licensee of person in possession. |
| 117 | Estoppel of acceptor of bill of exchange, bailee or licensee. | 123 | movednow: Estoppel of acceptor of bill of exchange, bailee or licensee. |
CHAPTER IX OF WITNESSES17
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 118 | Who may testify. | 124 | movednow: Who may testify. |
| 119 | Witness unable to communicate verbally. | 125 | movednow: Witness unable to communicate verbally. |
| 120 | Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. | 126 | movednow: Competency of husband and wife as witnesses in certain cases. |
| 121 | Judges and Magistrates. | 127 | movednow: Judges and Magistrates. |
| 122 | Communications during marriage. | 128 | movednow: Communications during marriage. |
| 123 | Evidence as to affairs of State. | 129 | movednow: Evidence as to affairs of State. |
| 124 | Official communications. | 130 | movednow: Official communications. |
| 125 | Information as to commission of offences. | 131 | movednow: Information as to commission of offences. |
| 126 | Professional communications. | 132(1) | mergednow: Professional communications. |
| 127 | Section 126 to apply to interpreters, etc. | 132(3) | mergednow: Professional communications. |
| 128 | Privilege not waived by volunteering evidence. | 133 | movednow: Privilege not waived by volunteering evidence. |
| 129 | Confidential communications with legal advisers. | 134 | movednow: Confidential communication with legal advisers. |
| 130 | Production of title-deeds of witness not a party. | 135 | movednow: 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 | movednow: Production of documents or electronic records which another person, having possession, could refuse to produce. |
| 132 | Witness not excused from answering on ground that answer will criminate. | 137 | movednow: Witness not excused from answering on ground that answer will criminate. |
| 133 | Accomplice. | 138 | movednow: Accomplice. |
| 134 | Number of witnesses. | 139 | movednow: Number of witnesses. |
CHAPTER X OF EXAMINATION OF WITNESSES32
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 135 | Order of production and examination of witnesses. | 140 | movednow: Order of production and examination of witnesses. |
| 136 | Judge to decide as to admissibility of evidence. | 141 | movednow: Judge to decide as to admissibility of evidence. |
| 137 | Examination-in-chief. | 142 | movednow: Examination of witnesses. |
| 138 | Order of examinations. | 143 | movednow: Order of examinations. |
| 139 | Cross-examination of person called to produce a document. | 144 | movednow: Cross examination of person called to produce a document. |
| 140 | Witnesses to character. | 145 | movednow: Witnesses to character. |
| 141 | Leading questions. | 146(1) | mergednow: Leading questions. |
| 142 | When they must not be asked. | 146(2), 146(3) | mergednow: Leading questions. |
| 143 | When they may be asked. | 146(4) | mergednow: Leading questions. |
| 144 | Evidence as to matters in writing. | 147 | movednow: Evidence as to matters in writing. |
| 145 | Cross-examination as to previous statements in writing. | 148 | movednow: Cross examination as to previous statements in writing. |
| 146 | Questions lawful in cross-examination. | 149 | movednow: Questions lawful in cross examination. |
| 147 | When witness to be compelled to answer. | 150 | movednow: When witness to be compelled to answer. |
| 148 | Court to decide when question shall be asked and when witness compelled to answer. | 151 | movednow: Court to decide when question shall be asked and when witness compelled to answer. |
| 149 | Question not to be asked without reasonable grounds. | 152 | movednow: Question not to be asked without reasonable grounds. |
| 150 | Procedure of Court in case of question being asked without reasonable grounds. | 153 | movednow: Procedure of Court in case of question being asked without reasonable grounds. |
| 151 | Indecent and scandalous questions. | 154 | movednow: Indecent and scandalous questions. |
| 152 | Questions intended to insult or annoy. | 155 | movednow: Questions intended to insult or annoy. |
| 153 | Exclusion of evidence to contradict answers to questions testing veracity. | 156 | movednow: Exclusion of evidence to contradict answers to questions testing veracity. |
| 154 | Question by party to his own witness. | 157 | movednow: Question by party to his own witness. |
| 155 | Impeaching credit of witness. | 158 | movednow: Impeaching credit of witness. |
| 156 | Questions tending to corroborate evidence of relevant fact, admissible. | 159 | movednow: 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 | movednow: 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 | movednow: What matters may be proved in connection with proved statement relevant under section 26 or 27. |
| 159 | Refreshing memory. | 162 | movednow: Refreshing memory. |
| 160 | Testimony to facts stated in document mentioned in section 159. | 163 | movednow: Testimony to facts stated in document mentioned in section 162. |
| 161 | Right of adverse party as to writing used to refresh memory. | 164 | movednow: Right of adverse party as to writing used to refresh memory. |
| 162 | Production of documents. | 165 | movednow: Production of documents. |
| 163 | Giving, as evidence, of document called for and produced on notice. | 166 | movednow: 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 | movednow: Using, as evidence, of document production of which was refused on notice. |
| 165 | Judge’s power to put questions or order production. | 168 | movednow: Judge's power to put questions or order production. |
| 166 | Power of jury or assessors to put questions. | none | repealed |
CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE1
| Evidence Act | Provision | BSA | What happened |
|---|---|---|---|
| 167 | No new trial for improper admission or rejection of evidence. | 169 | movednow: No new trial for improper admission or rejection of evidence. |
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Last reviewed September 2026.