Comparative Table: Bharatiya Sakshya Act 2023 (BSS) vs Indian Evidence Act, 1872

Comparative Table: Bharatiya Sakshya Act 2023 vs Indian Evidence Act, 1872

The Bharatiya Sakshya Act 2023

	Section in New Act, Bharatiya Sakshya Act 2023		Title (and Chapter)			Relevant section in IEA (*)
	PART I, Chapter I Preliminary
	Section 1		Short title, application, commencement			S. 1
	Section 2		Definitions: (1)			S. 31
			(a)”Court”			S.3 (a)
			(b)”conclusive proof”			S. 42 (c)
			(c)”document”			S. 3 (e)*
			(d)”disproved”			S. 3 (h)
			(e)”evidence”			S. 3 (f)*
			(f)”fact”			S. 3 (b)
			(g)”facts in issue”			S. 3 (d)
			(i)”may presume”			S. 4 (a)
			(j)”not proved”			S. 3 (i)
			(k)”proved”			S. 3 (g)
			(l)”relevant”			S. 3 (c)
			(m)”shall presume”			S. 4 (b)
			(2) Words and expressions used herein			S. 3 (k)*
PART II, Chapter II Relevancy of facts
Section 3		Evidence may be given of facts in issue and relevant facts			S. 5
*Closely connected facts*
Section 4		Relevancy of facts forming part of same transaction			S. 6*
Section 5		Facts which are the occasion, cause or effect of facts in issue or relevant facts			S. 7
Section 6		Motive, preparation and previous or subsequent conduct			S. 8*
Section 7		Facts necessary to explain or introduce fact in issue or relevant facts			S. 9
Section 8		Things said, done by conspirator in reference to common design			S. 10
Section 9		When facts not otherwise relevant become relevant			S. 11
Section 10		Facts tending to enable Court to determine amount are relevant in suits for damages			S. 12
Section 11		Facts relevant when right or custom is in question			S. 13
Section 12		Facts showing existence of state of mind, or of body of bodily feeling			S. 14
Section 13		Facts bearing on question whether act was accidental or intentional			S. 15
Section 14		Existence of course of business when relevant			S. 16
*Admissions*
Section 15		Admission defined			S. 17
Section 16		Admission by party to proceeding or his agent			S. 18
Section 17		Admissions by persons whose position must be proved as against party to suit			S. 19
Section 18		Admissions by persons expressly referred to by party to suit			S. 20
Section 19		Proof of admissions against persons making them,and by or on their behalf			S. 21
Section 20		When oral admissions as to contents of documents are relevant			S. 22
Section 21		Admissions in civil cases when relevant			S. 23
Section 22		Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding			S. 24, S. 28 – S. 29
Section 23		Confession to police officer			S. 25 – S. 27
Section 24		Consideration of proved confession affecting person making it and others jointly under trial for same offence			S. 30*
Section 25		Admissions not conclusive proof, but may estop			S. 31
*Statements by persons who cannot be called as witnesses*
Section 26		Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant			S. 32*
Section 27		Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated			S. 33
*Statements made under special circumstances*
Section 28		Entries in books of account when relevant			S. 34
Section 29		Relevancy of entry in public record or an electronic record made in performance of duty			S. 35
Section 30		Relevancy of statements in maps, charts and plans			S. 36
Section 31		Relevancy of statement as to fact of public nature contained in certain Acts or notifications			S. 37*
Section 32		Relevancy of statements as to any law contained in law books including electronic or digital form			S. 38*
Section 33		What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers			S. 39
*Judgments of Courts when relevant*
Section 34		Previous judgments relevant to bar a second suit or trial			S. 40
Section 35		Relevancy of certain judgments in probate, etc. jurisdiction			S. 41*
Section 36		Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35^			S. 42
Section 37		Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant			S. 43
Section 38		Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved			S. 44
Opinions of third persons when relevant
Section 39		Opinions of experts			S. 45*
Section 40		Facts bearing upon opinions of experts			S. 46
Section 41		Opinion as to hand-writing and digital signature, when relevant			S. 47 – S. 47A
Section 42		Opinion as to existence of general custom or right when relevant			S. 48
Section 43		Opinion as to usages, tenets, etc., when relevant			S. 49
Section 44		Opinion on relationship, when relevant			S. 50*
Section 45		Grounds of opinion, when relevant			S. 51
Character when relevant
Section 46		In civil cases character to prove conduct imputed, irrelevant			S. 52
Section 47		In criminal cases previous good character relevant			S. 53
Section 48		Evidence of character or previous sexual experience not relevant in certain cases			S. 53A
Section 49		Previous bad character not relevant, except in reply			S. 54
Section 50		Character as affecting damages			S. 55
PART III On Proof Chapter III Facts which need not be proved
Section 51		Fact judicially noticeable need not be proved			S. 56
Section 52		Facts of which Court shall take judicial notice			S. 57*
Section 53		Facts admitted need not be proved			S. 58
Chapter IV Of Oral Evidence
Section 54		Proof of facts by oral evidence			S. 59
Section 55		Oral evidence to be direct			S. 60*
Chapter V Of Documentary Evidence
Section 56		Proof of contents of documents			S. 61
Section 57		Primary evidence			S. 62*
Section 58		Secondary evidence			S. 63*
Section 59		Proof of documents by primary evidence			S. 64*
Section 60		Cases in which secondary evidence relating to documents may be given			S. 65*
Section 61		Admissibility of electronic or digital record			*
Section 62		Special provisions as to evidence relating to electronic record			S. 65A*
Section 63		Admissibility of electronic records			S. 65B*
Section 64		Rules as to notice to produce			S. 66
Section 65		Proof of signature and handwriting of person alleged to have signed or written document produced			S. 67
Section 66		Proof as to electronic signature			S. 67A
Section 67		Proof of execution of document required by law to be attested			S. 68
Section 68		Proof where no attesting witness found			S. 69*
Section 69		Admission of execution by party to attested document			S. 70
Section 70		Proof when attesting witness denies the execution			S. 71
Section 71		Proof of document not required by law to be attested			S. 72
Section 72		Comparison of signature, writing or seal with others admitted or proved			S. 73
Section 73		Proof as to verification of digital signature			S. 73A*
*Public documents*
Section 74		Public and private documents			S. 74* – S. 75
Section 75		CertiI�ied copies of public documents			S. 76
Section 76		Proof of documents by production of certified copies			S. 77
Section 77		Proof of other off�icial documents			S. 78*
*Presumptions as to documents*
Section 78		Presumption as to genuineness of certified copies			S. 79
Section 79		Presumption as to documents produced as record of evidence, etc.			S. 80
Section 80		Presumption as to Gazettes, newspapers, and other documents			S. 81*
Section 81		Presumption as to Gazettes in electronic or digital record			S. 81A*
Section 82		Presumption as to maps or plans made by authority of Government			S. 83
Section 83		Presumption as to collections of laws and reports of decisions			S. 84
Section 84		Presumption as to powers-of-attorney			S. 85
Section 85		Presumption as to electronic agreements			S. 85A*
Section 86		Presumption as to electronic records and electronic signatures			S. 85B
Section 87		Presumption as to Electronic Signature Certificates			S. 85C
Section 88		Presumption as to certified copies of foreign judicial records			S. 86*
Section 89		Presumption as to books, maps and charts			S. 87
Section 90		Presumption as to electronic messages			S. 88A
Section 91		Presumption as to due execution, etc., of documents not produced			S. 89
Section 92		Presumption as to documents thirty years old^			S. 90*
Section 93		Presumption as to electronic records five years old			S. 90A*
Chapter VI Exclusion of oral evidence by documentary evidence
Section 94		Evidence of terms of contracts, grants and other dispositions of property reduced to form of document			S. 91
Section 95		Exclusion of evidence of oral agreement			S. 92
Section 96		Exclusion of evidence to explain or amend ambiguous document			S. 93
Section 97		Exclusion of evidence against application of document to existing facts			S. 94
Section 98		Evidence as to document unmeaning reference to existing facts			S. 95
Section 99		Evidence as to application of language which can apply to one only of several persons			S. 96
Section 100		Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies			S. 97
Section 101		Evidence as to meaning of illegible characters, etc.			S. 98
Section 102		Who may give evidence of agreement varying terms of document			S. 99
Section 103		Saving of provisions of Indian Succession Act relating to Wills			S. 100
PART IV, Production and effect of evidence Chapter VII Of the burden of proof
Section 104		Burden of proof			S. 101
Section 105		On whom burden of proof lies			S. 102
Section 106		Burden of proof as to particular fact			S. 103
Section 107		Burden of proving fact to be proved to make evidence admissible			S. 104
Section 108		Burden of proving that case of accused comes within exceptions			S. 105
Section 109		Burden of proving fact especially within knowledge			S. 106
Section 110		Burden of proving death of person known to have been alive within thirty years			S. 107
Section 111		Burden of proving that person is alive who has not been heard of for seven years			S. 108
Section 112		Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent			S. 109
Section 113		Burden of proof as to ownership			S. 110
Section 114		Proof of good faith in transactions where one party is in relation of active confidence			S. 111
Section 115		Presumption as to certain offences			S. 111A
Section 116		Birth during marriage, conclusive proof of legitimacy			S. 112
Section 117		Presumption as to abetment of suicide by a married woman			S. 113A
Section 118		Presumption as to dowry death			S. 113B
Section 119		Court may presume existence of certain facts			S. 114
Section 120		Presumption as to absence of consent in certain prosecution for rape			S. 114A
Chapter VIII Estoppel
Section 121		Estoppel			S. 115
Section 122		Estoppel of tenants and of licensee of person in possession			S. 116*
Section 123		Estoppel of acceptor of bill of exchange, bailee or licensee			S. 117
Chapter IX Of Witnesses
Section 124		Who may testify			S. 118*
Section 125		Witness unable to communicate verbally			S. 119
Section 126		Competency of husband and wife as witnesses in certain cases			S. 120
Section 127		Judges and Magistrates			S. 121
Section 128		Communications during marriage			S. 122
Section 129		Evidence as to affairs of State			S. 123
Section 130		Official communications			S. 124
Section 131		Information as to commission of offences			S. 125
Section 132		Professional communications			S. 126 – S. 127
Section 133		Privilege not waived by volunteering evidence			S. 128
Section 134		Confidential communication with legal advisers			S. 129
Section 135		Production of title-deeds of witness not a party			S. 130
Section 136		Production of documents or electronic records which another person, having possession, would refuse to produce			S. 131
Section 137		Witness not excused from answering on ground that answer will criminate			S. 132
Section 138		Accomplice			S. 133
Section 139		Number of witnesses			S. 134
Chapter X Of Examination of Witnesses
Section 140		Order of production and examination of witnesses			S. 135
Section 141		Judge to decide as to admissibility of evidence			S. 136
Section 142		Examination of witnesses			S. 137
Section 143		Order of examinations			S. 138
Section 144		Cross-examination of person called to produce a document			S. 139
Section 145		Witnesses to character			S. 140
Section 146		Leading questions			S. 141 – S. 143
Section 147		Evidence as to matters in writing			S. 144
Section 148		Cross-examination as to previous statements in writing			S. 145
Section 149		Questions lawful in cross-examination			S. 146
Section 150		When witness to be compelled to answer			S. 147
Section 151		Court to decide when question shall be asked and when witness compelled to answer			S. 148
Section 152		Question not to be asked without reasonable grounds			S. 149
Section 153		Procedure of Court in case of question being asked without reasonable grounds			S. 150
Section 154		Indecent and scandalous questions			S. 151
Section 155		Questions intended to insult or annoy			S. 152
Section 156		Exclusion of evidence to contradict answers to questions testing veracity			S. 153
Section 157		Question by party to his own witness			S. 154
Section 158		Impeaching credit of witness			S. 155
Section 159		Questions tending to corroborate evidence of relevant fact, admissible			S. 156
Section 160		Former statements of witness may be proved to corroborate later testimony as to same fact			S. 157
Section 161		What matters may be proved in connection with proved statement relevant under section 32 or 33			S. 158
Section 162		Refreshing memory			S. 159
Section 163		Testimony to facts stated in document mentioned in section 162			S. 160
Section 164		Right of adverse party as to writing used to refresh memory			S. 161
Section 165		Production of documents			S. 162*
Section 166		Giving, as evidence, of document called for and produced on notice			S. 163
Section 167		Using, as evidence, of document production of which was refused on notice			S. 164
Section 168		Judge’s power to put questions or order production			S. 165*
Chapter XI Of Improper Admission and Rejection of Evidence
Section 169				No new trial for improper admission or rejection of evidence			S. 167
Section 170				Repeal and savings			*
The Schedule
				Certificate [See S.63(4)]			*

Comparative Table: Bharatiya Sakshya Act 2023 (BSS) vs Indian Evidence Act, 1872

Comparative Table: Bharatiya Sakshya Act 2023 vs Indian Evidence Act, 1872

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