The Bharatiya Sakshya Adhiniyam, 2023
An Act to consolidate and to provide for general rules and principles of evidence for fair trial.
Administered by. Ministry of Home Affairs, Department of Internal Security · Other Acts of 2023
Preamble
THE BHARATIYA SAKSHYA ADHINIYAM, 2023
ACT NO. 47 OF 2023
[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:--
What this Act covers
Summary of Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 is an Indian legislation governing evidence rules for fair trials, applicable to all judicial proceedings in India, excluding affidavits and arbitrator proceedings, effective from 1st July, 2024.
Key Provisions
1. Application and Commencement
• Applies broadly across Indian judicial proceedings.
• Effective as of 1st July, 2024.
2. Definitions
• Evidence: Encompasses oral and documentary evidence.
• Document: Includes electronic/digital records.
3. Structural Overview
• Organized into parts covering preliminary aspects, relevancy of facts, admissions, and proof.
4. Procedural Highlights
• Charging Multiple Offences: Allows for separate charges and convictions for multiple offences committed in a single act or series of acts .
• Doubtful Offences: Permits charging for all or any suspected offences when the exact offence is doubtful, with the flexibility to convict based on evidence (Section 244).
Sections
Type to filter. 170 sections.
- 1Short title, application and commencement
- 2Definitions
- 3Evidence may be given of facts in issue and relevant facts
- 4Relevancy of facts forming part of same transaction
- 5Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6Motive, preparation and previous or subsequent conduct
- 7Facts necessary to explain or introduce fact in issue or relevant facts
- 8Things said or done by conspirator in reference to common design
- 9When facts not otherwise relevant become relevant
- 10Facts tending to enable Court to determine amount are relevant in suits for damages
- 11Facts relevant when right or custom is in question
- 12Facts showing existence of state of mind, or of body or bodily feeling
- 13Facts bearing on question whether act was accidental or intentional
- 14Existence of course of business when relevant
- 15Admission defined
- 16Admission by party to proceeding or his agent
- 17Admissions by persons whose position must be proved as against party to suit
- 18Admissions by persons expressly referred to by party to suit
- 19Proof of admissions against persons making them, and by or on their behalf
- 20When oral admissions as to contents of documents are relevant
- 21Admissions in civil cases when relevant
- 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- 23Confession to police officer
- 24Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 25Admissions not conclusive proof, but may estop
- 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- 28Entries in books of account when relevant
- 29Relevancy of entry in public record or an electronic record made in performance of duty
- 30Relevancy of statements in maps, charts and plans
- 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 32Relevancy of statements as to any law contained in law books including electronic or digital form
- 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- 34Previous judgments relevant to bar a second suit or trial
- 35Relevancy of certain judgments in probate, etc., jurisdiction
- 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- 39Opinions of experts
- 40Facts bearing upon opinions of experts
- 41Opinion as to handwriting and signature, when relevant
- 42Opinion as to existence of general custom or right, when relevant
- 43Opinion as to usages, tenets, etc., when relevant
- 44Opinion on relationship, when relevant
- 45Grounds of opinion, when relevant
- 46In civil cases character to prove conduct imputed, irrelevant
- 47In criminal cases previous good character relevant
- 48Evidence of character or previous sexual experience not relevant in certain cases
- 49Previous bad character not relevant, except in reply
- 50Character as affecting damages
- 51Fact judicially noticeable need not be proved
- 52Facts of which Court shall take judicial notice
- 53Facts admitted need not be proved
- 54Proof of facts by oral evidence
- 55Oral evidence to be direct
- 56Proof of contents of documents
- 57Primary evidence
- 58Secondary evidence
- 59Proof of documents by primary evidence
- 60Cases in which secondary evidence relating to documents maybe given
- 61Electronic or digital record
- 62Special provisions as to evidence relating to electronic record
- 63Admissibility of electronic records
- 64Rules as to notice to produce
- 65Proof of signature and handwriting of person alleged to have signed or written document produced
- 66Proof as to electronic signature
- 67Proof of execution of document required by law to be attested
- 68Proof where no attesting witness found
- 69Admission of execution by party to attested document
- 70Proof when attesting witness denies execution
- 71Proof of document not required by law to be attested
- 72Comparison of signature, writing or seal with others admitted or proved
- 73Proof as to verification of digital signature
- 74Public and private documents
- 75Certified copies of public documents
- 76Proof of documents by production of certified copies
- 77Proof of other official documents
- 78Presumption as to genuineness of certified copies
- 79Presumption as to documents produced as record of evidence, etc
- 80Presumption as to Gazettes, newspapers, and other documents
- 81Presumption as to Gazettes in electronic or digital record
- 82Presumption as to maps or plans made by authority of Government
- 83Presumption as to collections of laws and reports of decisions
- 84Presumption as to powers-of-attorney
- 85Presumption as to electronic agreements
- 86Presumption as to electronic records and electronic signatures
- 87Presumption as to Electronic Signature Certificates
- 88Presumption as to certified copies of foreign judicial records
- 89Presumption as to books, maps and charts
- 90Presumption as to electronic messages
- 91Presumption as to due execution, etc., of documents not produced
- 92Presumption as to documents thirty years old
- 93Presumption as to electronic records five years old
- 94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- 95Exclusion of evidence of oral agreement
- 96Exclusion of evidence to explain or amend ambiguous document
- 97Exclusion of evidence against application of document to existing facts
- 98Evidence as to document unmeaning in reference to existing facts
- 99Evidence 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
- 101Evidence as to meaning of illegible characters, etc
- 102Who may give evidence of agreement varying terms of document
- 103Saving of provisions of Indian Succession Act relating to wills
- 104Burden of proof
- 105On whom burden of proof lies
- 106Burden of proof as to particular fact
- 107Burden of proving fact to be proved to make evidence admissible
- 108Burden of proving that case of accused comes within exceptions
- 109Burden of proving fact especially within knowledge
- 110Burden of proving death of person known to have been alive within thirty years
- 111Burden of proving that person is alive who has not been heard of for seven years
- 112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113Burden of proof as to ownership
- 114Proof of good faith in transactions where one party is in relation of active confidence
- 115Presumption as to certain offences
- 116Birth during marriage, conclusive proof of legitimacy
- 117Presumption as to abetment of suicide by a married woman
- 118Presumption as to dowry death
- 119Court may presume existence of certain facts
- 120Presumption as to absence of consent in certain prosecution for rape
- 121Estoppel
- 122Estoppel of tenant and of licensee of person in possession
- 123Estoppel of acceptor of bill of exchange, bailee or licensee
- 124Who may testify
- 125Witness unable to communicate verbally
- 126Competency of husband and wife as witnesses in certain cases
- 127Judges and Magistrates
- 128Communications during marriage
- 129Evidence as to affairs of State
- 130Official communications
- 131Information as to commission of offences
- 132Professional communications
- 133Privilege not waived by volunteering evidence
- 134Confidential communication with legal advisers
- 135Production of title-deeds of witness not a party
- 136Production of documents or electronic records which another person, having possession, could refuse to produce
- 137Witness not excused from answering on ground that answer will criminate
- 138Accomplice
- 139Number of witnesses
- 140Order of production and examination of witnesses
- 141Judge to decide as to admissibility of evidence
- 142Examination of witnesses
- 143Order of examinations
- 144Cross examination of person called to produce a document
- 145Witnesses to character
- 146Leading questions
- 147Evidence as to matters in writing
- 148Cross examination as to previous statements in writing
- 149Questions lawful in cross examination
- 150When witness to be compelled to answer
- 151Court to decide when question shall be asked and when witness compelled to answer
- 152Question not to be asked without reasonable grounds
- 153Procedure of Court in case of question being asked without reasonable grounds
- 154Indecent and scandalous questions
- 155Questions intended to insult or annoy
- 156Exclusion of evidence to contradict answers to questions testing veracity
- 157Question by party to his own witness
- 158Impeaching credit of witness
- 159Questions tending to corroborate evidence of relevant fact, admissible
- 160Former statements of witness may be proved to corroborate later testimony as to same fact
- 161What matters may be proved in connection with proved statement relevant under section 26 or 27
- 162Refreshing memory
- 163Testimony to facts stated in document mentioned in section 162
- 164Right of adverse party as to writing used to refresh memory
- 165Production of documents
- 166Giving, as evidence, of document called for and produced on notice
- 167Using, as evidence, of document production of which was refused on notice
- 168Judge's power to put questions or order production
- 169No new trial for improper admission or rejection of evidence
- 170Repeal and savings
Legislative history
Legislative History: The Bharatiya Sakshya Adhiniyam, 2023 Source: Official Record of Parliament, India Code, and Ministry of Home Affairs Act Title - The Bharatiya Sakshya Adhiniyam, 2023 Act Number - Act No. 47 of 2023 Act ID (India Code) - 202347 Presidential Assent date - December 25, 2023 Enforcement Date - July 01, 2024 Nodal Ministry - Ministry of Home Affairs Precedent & Historical Rationale ● Repeal of the Indian Evidence Act, 1872: Repeals the 151-year-old Indian Evidence Act, 1872 (1 of 1872) to modernize the rules of evidence, remove colonial terminology, and reflect contemporary judicial standards. ● Equal Status for Electronic and Digital Evidence: Grants electronic and digital records the same legal effect, validity, and enforceability as physical documents, establishing detailed procedures for authentication, custody, and primary/secondary evidence of digital media. Parliamentary Trajectory & Enactment ● Formulation: Introduced by the Union Minister of Home Affairs, Shri Amit Shah, as part of a major overhaul of India's criminal justice system alongside the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita. ● Parliamentary Passage: Introduced in the Lok Sabha on August 11, 2023; referred to the Standing Committee on Home Affairs; re-introduced as Bill No. 172 of 2023 on December 12, 2023; passed by the Lok Sabha on December 20, 2023; and passed by the Rajya Sabha on December 21, 2023. ● Presidential Assent: Received the assent of the President of India on December 25, 2023. ● Enforcement: Enforced on July 01, 2024.
Schedules
This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.
- Schedule403 words
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- The Bharatiya Nyaya Sanhita, 2023358 sections
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 170 sections of this Act has its own page. This page is not a substitute for legal advice.