Criminal Law
The Bharatiya Sakshya Adhiniyam, 2023
Act 47 of 2023 · 170 sections
Practise questions on Bharatiya Sakshya Adhiniyam
Title, date and preamble
[25th December, 2023.]
An Act to consolidate and to provide for general rules and principles of evidence for fair trial.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
Contents
Closely connected facts
- 4.Relevancy of facts forming part of same transaction
- 5.Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6.Motive, preparation and previous or subsequent conduct
- 7.Facts necessary to explain or introduce fact in issue or relevant facts
- 8.Things said or done by conspirator in reference to common design
- 9.When facts not otherwise relevant become relevant
- 10.Facts tending to enable Court to determine amount are relevant in suits for damages
- 11.Facts relevant when right or custom is in question
- 12.Facts showing existence of state of mind, or of body or bodily feeling
- 13.Facts bearing on question whether act was accidental or intentional
- 14.Existence of course of business when relevant
Admissions
- 15.Admission defined
- 16.Admission by party to proceeding or his agent
- 17.Admissions by persons whose position must be proved as against party to suit
- 18.Admissions by persons expressly referred to by party to suit
- 19.Proof of admissions against persons making them, and by or on their behalf
- 20.When oral admissions as to contents of documents are relevant
- 21.Admissions in civil cases when relevant
- 22.Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- 23.Confession to police officer
- 24.Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 25.Admissions not conclusive proof, but may estop
- 26.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 27.Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
Statements made under special circumstances
- 28.Entries in books of account when relevant
- 29.Relevancy of entry in public record or an electronic record made in performance of duty
- 30.Relevancy of statements in maps, charts and plans
- 31.Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 32.Relevancy of statements as to any law contained in law books including electronic or digital form
How much of a statement is to be proved
Judgments of Courts when relevant
- 34.Previous judgments relevant to bar a second suit or trial
- 35.Relevancy of certain judgments in probate, etc., jurisdiction
- 36.Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- 37.Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 38.Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Opinions of third persons when relevant
- 39.Opinions of experts
- 40.Facts bearing upon opinions of experts
- 41.Opinion as to handwriting and signature, when relevant
- 42.Opinion as to existence of general custom or right, when relevant
- 43.Opinion as to usages, tenets, etc., when relevant
- 44.Opinion on relationship, when relevant
- 45.Grounds of opinion, when relevant
Character when relevant
PART III ON PROOF
CHAPTER III FACTS WHICH NEED NOT BE PROVED
CHAPTER IV OF ORAL EVIDENCE
CHAPTER V OF DOCUMENTARY EVIDENCE
- 56.Proof of contents of documents
- 57.Primary evidence
- 58.Secondary evidence
- 59.Proof of documents by primary evidence
- 60.Cases in which secondary evidence relating to documents may be given
- 61.Electronic or digital record
- 62.Special provisions as to evidence relating to electronic record
- 63.Admissibility of electronic records
- 64.Rules as to notice to produce
- 65.Proof of signature and handwriting of person alleged to have signed or written document produced
- 66.Proof as to electronic signature
- 67.Proof of execution of document required by law to be attested
- 68.Proof where no attesting witness found
- 69.Admission of execution by party to attested document
- 70.Proof when attesting witness denies execution
- 71.Proof of document not required by law to be attested
- 72.Comparison of signature, writing or seal with others admitted or proved
- 73.Proof as to verification of digital signature
Public documents
Presumptions as to documents
- 78.Presumption as to genuineness of certified copies
- 79.Presumption as to documents produced as record of evidence, etc
- 80.Presumption as to Gazettes, newspapers, and other documents
- 81.Presumption as to Gazettes in electronic or digital record
- 82.Presumption as to maps or plans made by authority of Government
- 83.Presumption as to collections of laws and reports of decisions
- 84.Presumption as to powers-of-attorney
- 85.Presumption as to electronic agreements
- 86.Presumption as to electronic records and electronic signatures
- 87.Presumption as to Electronic Signature Certificates
- 88.Presumption as to certified copies of foreign judicial records
- 89.Presumption as to books, maps and charts
- 90.Presumption as to electronic messages
- 91.Presumption as to due execution, etc., of documents not produced
- 92.Presumption as to documents thirty years old
- 93.Presumption as to electronic records five years old
CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
- 94.Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- 95.Exclusion of evidence of oral agreement
- 96.Exclusion of evidence to explain or amend ambiguous document
- 97.Exclusion of evidence against application of document to existing facts
- 98.Evidence as to document unmeaning in reference to existing facts
- 99.Evidence as to application of language which can apply to one only of several persons
- 100.Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- 101.Evidence as to meaning of illegible characters, etc
- 102.Who may give evidence of agreement varying terms of document
- 103.Saving of provisions of Indian Succession Act relating to wills
PART IV PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII OF THE BURDEN OF PROOF
- 104.Burden of proof
- 105.On whom burden of proof lies
- 106.Burden of proof as to particular fact
- 107.Burden of proving fact to be proved to make evidence admissible
- 108.Burden of proving that case of accused comes within exceptions
- 109.Burden of proving fact especially within knowledge
- 110.Burden of proving death of person known to have been alive within thirty years
- 111.Burden of proving that person is alive who has not been heard of for seven years
- 112.Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113.Burden of proof as to ownership
- 114.Proof of good faith in transactions where one party is in relation of active confidence
- 115.Presumption as to certain offences
- 116.Birth during marriage, conclusive proof of legitimacy
- 117.Presumption as to abetment of suicide by a married woman
- 118.Presumption as to dowry death
- 119.Court may presume existence of certain facts
- 120.Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII ESTOPPEL
CHAPTER IX OF WITNESSES
- 124.Who may testify
- 125.Witness unable to communicate verbally
- 126.Competency of husband and wife as witnesses in certain cases
- 127.Judges and Magistrates
- 128.Communications during marriage
- 129.Evidence as to affairs of State
- 130.Official communications
- 131.Information as to commission of offences
- 132.Professional communications
- 133.Privilege not waived by volunteering evidence
- 134.Confidential communication with legal advisers
- 135.Production of title-deeds of witness not a party
- 136.Production of documents or electronic records which another person, having possession, could refuse to produce
- 137.Witness not excused from answering on ground that answer will criminate
- 138.Accomplice
- 139.Number of witnesses
CHAPTER X OF EXAMINATION OF WITNESSES
- 140.Order of production and examination of witnesses
- 141.Judge to decide as to admissibility of evidence
- 142.Examination of witnesses
- 143.Order of examinations
- 144.Cross-examination of person called to produce a document
- 145.Witnesses to character
- 146.Leading questions
- 147.Evidence as to matters in writing
- 148.Cross-examination as to previous statements in writing
- 149.Questions lawful in cross-examination
- 150.When witness to be compelled to answer
- 151.Court to decide when question shall be asked and when witness compelled to answer
- 152.Question not to be asked without reasonable grounds
- 153.Procedure of Court in case of question being asked without reasonable grounds
- 154.Indecent and scandalous questions
- 155.Questions intended to insult or annoy
- 156.Exclusion of evidence to contradict answers to questions testing veracity
- 157.Question by party to his own witness
- 158.Impeaching credit of witness
- 159.Questions tending to corroborate evidence of relevant fact, admissible
- 160.Former statements of witness may be proved to corroborate later testimony as to same fact
- 161.What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162.Refreshing memory
- 163.Testimony to facts stated in document mentioned in section 162
- 164.Right of adverse party as to writing used to refresh memory
- 165.Production of documents
- 166.Giving, as evidence, of document called for and produced on notice
- 167.Using, as evidence, of document production of which was refused on notice
- 168.Judge’s power to put questions or order production
CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
CHAPTER XII REPEAL AND SAVINGS
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.