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Indian Evidence Act, 1872 compared with The Bharatiya Sakshya Adhiniyam, 2023

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181 mappingsIndian Evidence Act, 1872The Bharatiya Sakshya Adhiniyam, 2023

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Section 1

Short title, extent and commencement

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Section 3

Interpretation clause

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Section 4

"May presume"

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Section 5

Evidence may be given of facts in issue and relevant facts

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Section 6

Relevancy of facts forming part of same transaction

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Section 7

Facts which are the occasion, cause or effect of facts in issue

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Section 8

Motive, preparation and previous or subsequent conduct

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Section 9

Facts necessary to explain or introduce relevant facts

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Section 10

Things said or done by conspirator in reference to common design

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Section 11

When facts not otherwise relevant become relevant

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Section 12

In suits for damages, facts tending to enable Court to determine amount are relevant

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Section 13

Facts relevant when right or custom is in question

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Section 14

Facts showing existence of state of mind, or of body or bodily feeling

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Section 15

Facts bearing on question whether act was accidental or intentional

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Section 16

Existence of course of business when relevant

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Section 17

Admission defined

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Section 18

Admission-by party to proceeding or his agent

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Section 19

Admissions by persons whose position must be proved as against party to suit

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Section 20

Admissions by persons expressly referred to by party to suit

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Section 21

Proof of admissions against persons making them, and by or on their behalf

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Section 22

When oral admissions as to contents of documents are relevant

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Section 22A

When oral admission as to contents of electronic records are relevant

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Section 23

Admission in civil cases relevant

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Section 24

Confession caused by inducement, threat or promise when irrelevant in criminal proceedings

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Section 25

Confession to police officer not to be proved

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Section 26

Confession by accused while in custody of police not to be proved against him

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Section 27

How much of information received from accused may be proved

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Section 28

Confession made after removal of impression caused by inducement, threat or promise, relevant

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Section 29

Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

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Section 30

Consideration of proved confession affecting person making it and others jointly under trial for same offence

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Section 31

Admission not conclusive proof, but may estop

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Section 32

Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant

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Section 33

Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

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Section 34

Entries in books of account when relevant

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Section 35

Relevancy of entry in public record made in performance of duty

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Section 36

Relevancy of statements in maps, charts and plans

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Section 37

Relevancy of statement as to fact of public nature, contained in certain acts or notifications

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Section 38

Relevancy of statements as to any law contained in law-books

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Section 39

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.

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Section 40

Previous judgments relevant to bar a second suit or trial

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Section 41

Relevancy of certain judgments in probate, etc. jurisdiction

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Section 42

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

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Section 43

Judgment, etc., other than those mentioned in sections 40 to 42, when relevant

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Section 44

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

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Section 45

Opinions of experts

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Section 46

Facts bearing upon opinions of experts

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Section 47

Opinion as to handwriting, when relevant

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Section 47A

Opinion as to digital signature where relevant

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Section 48

Opinion as to existence of right or custom, when relevant

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Section 49

Opinion as to usage, tenets, etc., when relevant

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Section 50

Opinion on relationship, when relevant

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Section 52

In civil cases character to prove conduct imputed, irrelevant

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Section 53

In criminal cases previous good character relevant

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Section 54

Previous bad character not relevant, except in reply

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Section 55

Character as affecting damages

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Section 56

Fact Judicially noticeable need not be proved

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Section 57

Facts of which Court must take judicial notice

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Section 58

Facts admitted need not be proved

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Section 59

Proof of facts by oral evidence

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Section 60

Oral evidence must be direct

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Section 61

Proof of contents of documents

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Section 62

Primary evidence

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Section 63

Secondary evidence

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Section 64

Proof of documents by primary evidence

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Section 65

Cases in which secondary evidence relating to documents may be given

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Section 65A

Special provisions as to evidence relating to electronic record

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Section 65B

Admissibility of electronic records

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Section 66

Rules as to notice to produce

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Section 67

Proof of signature and handwriting of person alleged to have signed or written document produced

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Section 67A

Proof as to digital signature

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Section 68

Proof of execution of document required by law to be attested

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Section 69

Proof where no attesting witness found

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Section 70

Admission of execution by party to attested document

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Section 71

Proof when attesting witness denies the execution

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Section 72

Proof of document not required by law to be attested

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Section 73

Comparison of signature, writing or seal with others admitted or proved

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Section 73A

Proofs as to verification of digital signature

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Section 74

Public documents

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Section 75

Private documents

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Section 76

Certified copies of public documents

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Section 77

Proof of documents by production of certified copies

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Section 78

Proof of other official documents

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Section 79

Presumption as to genuineness of certified copies

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Section 80

Presumption as to documents produced as record of evidence

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Section 81

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

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Section 81A

Presumption as to Gazettes in electronic forms

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Section 82

Presumption as to document admissible in England without proof of seal or signature

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Section 83

Presumption as to maps or plans made by authority of Government

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Section 84

Presumption as to collections of laws and reports of decisions

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Section 85

Presumption as to powers-of-attorney

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Section 85A

Presumption as to electronic agreements

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Section 85B

Presumption as to electronic record and digital signatures

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Section 85C

Presumption as to Digital Signature Certificates

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Section 86

Presumption as to certified copies of foreign judicial records

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Section 87

Presumption as to books, maps and charts

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Section 88

Presumption as to books, maps and charts

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Section 88A

Presumption as to electronic messages

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Section 89

Presumption as to due execution, etc., of documents not produced

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Section 90

Presumption as to documents thirty years old

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Section 90A

Presumption as to electronic records five year old

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Section 91

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document

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Section 92

Exclusion of evidence of oral agreement

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Section 93

Exclusion of evidence to explain or amend ambiguous document

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Section 94

Exclusion of evidence against application of document to existing facts

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Section 95

Evidence as to document unmeaning in reference to existing facts

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Section 96

Evidence as to application of language which can apply to one only of several persons

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Section 97

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

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Section 98

Evidence as to meaning of illegible characters, etc.

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Section 99

Who may give evidence of agreement varying terms of document

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Section 100

Saving of provisions of Indian Succession Act, relating to wills

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Section 101

Burden of proof

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Section 102

On whom burden of proof lies

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Section 103

Burden of proof as to particular fact

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Section 104

Burden of proving fact to be proved to make evidence admissible

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Section 105

Burden of proving that case of accused comes within exceptions.

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Section 106

Burden of proving fact especially within knowledge

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Section 107

Burden of proving death of person known to have been alive within thirty years

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Section 108

Burden of proving that person is alive who has not been heard of for seven years

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Section 109

Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

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Section 110

Burden of proof as to ownership

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Section 111

Proof of good faith in transactions where one party is in relation of active confidence

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Section 111A

Presumption as to certain offences

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Section 112

Birth during marriage, conclusive proof of legitimacy

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Section 113

Proof of cession of territory

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Section 113A

Presumption as to abetment of suicide by a married women

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Section 113B

Presumption as to dowry death

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Section 114

Court may presume existence of certain acts

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Section 114A

Presumption as to absence of consent in certain prosecutions for rape

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Section 115

Estoppel

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Section 116

Estoppel of tenant; and of license of person in possession

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Section 117

Estoppel of acceptor of bill of exchange, bailee or licensee

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Section 118

Who may testify

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Section 119

Dumb witnesses

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Section 120

Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial

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Section 121

Judges and Magistrates

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Section 122

Communications during marriage

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Section 123

Evidence as to affairs of State

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Section 124

Official communications

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Section 125

Information as to commission of offences

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Section 126

Professional communication

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Section 127

Section 126 to apply to interpreters etc.

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Section 128

Privilege not waived by volunteering evidence

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Section 129

Confidential communications with legal advisers

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Section 130

Production of title-deeds of witness not a party

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Section 131

Production of documents or electronic records which another person, having possession, could refuse to produce

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Section 132

Witness not excused from answering on ground that answer will criminate

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Section 133

Accomplice

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Section 134

Number of witnesses

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Section 135

Order of production and examination of witnesses

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Section 136

Judge to decide as to admissibility of evidence

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Section 137

Examination in chief

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Section 138

Order of examinations

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Section 139

Cross-examination of person called to produce a document

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Section 140

Witnesses to character

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Section 141

Leading questions

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Section 142

When they must not be asked

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Section 143

When they may be asked

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Section 144

Evidence as to matters in writing

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Section 145

Cross-examination as to previous Statements in writing

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Section 146

Questions lawful in cross-examination

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Section 147

When witness to be compelled to answer

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Section 148

Court to decide when question shall be asked and when witness compelled to answer

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Section 149

Question not to be asked without reasonable grounds

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Section 150

Procedure of Court in case of question being asked without reasonable grounds

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Section 151

Indecent and scandalous questions

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Section 152

Questions intended to insult or annoy

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Section 153

Exclusion of evidence to contradict answers to questions testing veracity

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Section 154

Question by party to his own witness

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Section 155

Impeaching credit of witness

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Section 156

Questions tending to corroborate evidence of relevant fact, admissible

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Section 157

Former statements of witness may be proved to corroborate later testimony as to same fact

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Section 158

What matters may be proved in connection with proved statement relevant under section 32 or 33

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Section 159

Refreshing memory

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Section 160

Testimony to facts stated in document mentioned in section 159

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Section 161

Right of adverse party as to writing used to refresh memory

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Section 162

Productions of documents

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Section 163

Giving, as evidence, of document called for and produced on notice

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Section 164

Using, as evidence, of document production of which was refused on notice

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Section 165

Judge's power to put questions or order production

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Section 166

Power of jury or assessors to put questions

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Section 167

No new trial for improper admission or rejection or evidence

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