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  THE INDIAN EVIDENCE ACT, 1872   THE BHARATIYA SAKSHYA BILL, 2023
1 Short title    1 Short title, application and commencement.  
  Extent    2 Definitions
  Commencement of Act    3 Evidence may be given of facts in issue and relevant facts.  
2 [Repealed ]  4 Relevancy of facts forming part of same transaction.  
3 Interpretation-clause    5 Facts which are the occasion, cause or effect of facts in issue or relevant facts.  
  “Court”    6 Motive, preparation and previous or subsequent conduct.  
  “Fact”    7 Facts necessary to explain or introduce fact in issue or relevant facts.  
  “Relevant”    8 Things said, done by conspirator in reference to common design. 
  “Facts in issue”    9 When facts not otherwise relevant become relevant.  
  “Document”    10  Facts tending to enable Court to determine amount are relevant in suits for damages.  
  “Evidence”    11 Facts relevant when right or custom is in question.  
  “Proved”    12 Facts showing existence of state of mind, or of body of bodily feeling.  
  “Disproved”  “  13 Facts bearing on question whether act was accidental or intentional.  
  Not proved”    14 Existence of course of business when relevant. 
  “India”    15 Admission defined.  
4    “May Presume ”   16 Admission by party to proceeding or his agent.  
  “Shall presume ”   17 Admissions by persons whose position must be proved as against party to suit.  
  “Conclusive proof”    18 Admissions by persons expressly referred to by party to suit.  
5   Evidence may be given of facts in issue and relevant facts    19 Proof of admissions against persons making them, and by or on their behalf.  
6   Relevancy of facts forming part of same transaction     20 When oral admissions as to contents of documents are relevant.  
7   Facts which are the occasion, cause or effect of facts in issue     21 Admissions in civil cases when relevant. 
8   Motive, preparation and previous or subsequent conduct    22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.  
9   Facts necessary to explain or introduce relevant facts    23 Confession to police officer.  
10 Things said or done by conspirator in reference to common design    24 Consideration of proved confession affecting person making it and others jointly under trial for same offence.  
11   When facts not otherwise relevant become relevant     25 Admissions not conclusive proof, but may estop.  
12 In suits for damages, facts tending to enable Court to determine amount are relevant     26 Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant.  
13 Facts relevant when right or custom is in question     27 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Statements made under special circumstances  
14 Facts showing existence of state of mind, or of body, or bodily feeling     28 Entries in books of account when relevant.  
15 Facts bearing on question whether act was accidental or intentional     29 Relevancy of entry in public record or an electronic record made in performance of duty.  
16 Existence of course of business when relevant    30 Relevancy of statements in maps, charts and plans.  
17 Admission defined    31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications. 
18 Admission––   32 Relevancy of statements as to any law contained in law books including electronic or digital form.  
  by party to proceeding or his agent;   33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. Judgments of Courts when relevant  
  by suitor in representative character;    34 Previous judgments relevant to bar a second suit or trial.  
  by party interested in subject-matter;   35 Relevancy of certain judgments in probate, etc., jurisdiction.  
  by person from whom interest derived    36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. 
19 Admissions by persons whose position must be proved as against party to suit    37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.  
20 Admissions by persons expressly referred to by party to suit    38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of third persons when relevant  
21     Proof of admissions against persons making them, and by or on their behalf    39 Opinions of experts.  
22 When oral admissions as to contents of documents are relevant    40 Facts bearing upon opinions of experts.  
22A When oral admission as to contents of electronic records are relevant    41 Opinion as to hand-writing and digital signature, when relevant.  
23 Admissions in civil cases when relevant    42 Opinion as to existence of general custom or right, when relevant. 
24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding    43 Opinion as to usages, tenets, etc., when relevant.  
25 Confession to police-officer not to be proved    44 Opinion on relationship, when relevant.  
26 Confession by accused while in custody of Police not to be proved against him    45 Grounds of opinion, when relevant. Character when relevant  
27 How much of information received from accused may be proved    46 In civil cases character to prove conduct imputed, irrelevant. 
28 Confession made after removal of impression caused by inducement, threat or promise, relevant    47 In criminal cases previous good character relevant.  
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc     
30 Consideration of proved confession affecting person making it and others jointly under trial for same offence    48 Evidence of character or previous sexual experience not relevant in certain cases. 
31 Admissions not conclusive proof, but may estop   49 Previous bad character not relevant, except in reply.  
32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc , is relevant  When it relates to cause of death;   50 Character as affecting damages.  
  or is made in course of business;   51 Fact judicially noticeable need not be proved.  
  or against interest of maker;   52 Facts of which Court shall take judicial notice.  
  or gives opinion as to public right or custom, or matters of general interest;   53 Facts admitted need not be proved.  
  or relates to existence of relationship; or is made in will or deed relating to family affairs;   54 Proof of facts by oral evidence.  
  or in document relating to transaction mentioned in section , clause (a);   55 Oral evidence to be direct.  
  or is made by several persons and expresses feelings relevant to matter in question   56 Proof of contents of documents.  
33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated    57 Primary evidence.  
34 Entries in books of account when relevant    58 Secondary evidence.  
35 Relevancy of entry in public record made in performance of duty    59 Proof of documents by primary evidence.  
36 Relevancy of statements in maps, charts and plans    60 Cases in which secondary evidence relating to documents may be given.  
37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications    61 Admissibility of electronic or digital record.  
38 Relevancy of statements as to any law contained in law-books    62 Special provisions as to evidence relating to electronic record.  
39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers    63 Admissibility of electronic records.  
40 Previous judgments relevant to bar a second suit or trial    64 Rules as to notice to produce.  
41 Relevancy of certain judgments in probate, etc , jurisdiction   65 Proof of signature and handwriting of person alleged to have signed or written document produced.  
42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section    66 Proof as to electronic signature.  
43 Judgments, etc , other than those mentioned in sections ,  and , when relevant    67 Proof of execution of document required by law to be attested.  
44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved    68 Proof where no attesting witness found.  
45 Opinions of experts    69 Admission of execution by party to attested document.  
45A Opinion of Examiner of Electronic Evidence     70 Proof when attesting witness denies the execution.  
46 Facts bearing upon opinions of experts    71 Proof of document not required by law to be attested.  
47 Opinion as to handwriting, when relevant    72 Comparison of signature, writing or seal with others admitted or proved.  
47A Opinion as to digital signature, when relevant   73 Proof as to verification of digital signature. 
48 Opinion as to existence of right or custom, when relevant    74 Public and private documents.  
49 Opinion as to usages, tenets, etc , when relevant    75 Certified copies of public documents.  
50 Opinion on relationships, when relevant    76 Proof of documents by production of certified copies. 
51 Grounds of opinion, when relevant    77 Proof of other official documents. Presumptions as to documents  
52 In civil cases character to prove conduct imputed, irrelevant    78 Presumption as to genuineness of certified copies  
53 In criminal cases previous good character relevant    79 Presumption as to documents produced as record of evidence, etc.  
53A Evidence of character or previous sexual experience is not relevant in certain cases    80 Presumption as to Gazettes, newspapers, and other documents.  
54 Previous bad character not relevant, except in reply   81 Presumption as to Gazettes in electronic or digital record.  
55 Character as affecting damages    82 Presumption as to maps or plans made by authority of Government.  
56 Fact judicially noticeable need not be proved    83 Presumption as to collections of laws and reports of decisions.  
57 Facts of which Court must take judicial notice    84 Presumption as to powers-of-attorney.  
58 Facts admitted need not be proved    85 Presumption as to electronic agreements.  
59 Proof of facts by oral evidence    86 Presumption as to electronic records and electronic signatures.  
60 Oral evidence must be direct    87 Presumption as to Electronic Signature Certificates.  
61 Proof of contents of documents    88 Presumption as to certified copies of foreign judicial records.  
62 Primary evidence    89 Presumption as to books, maps and charts.  
63 Secondary evidence    90 Presumption as to electronic messages.  
64 Proof of documents by primary evidence    91 Presumption as to due execution, etc., of documents not produced.  
65 Cases in which secondary evidence relating to documents may be given    92 Presumption as to documents thirty years old.  
65A Special provisions as to evidence relating to electronic record    93 Presumption as to electronic records five years old. 
65B Admissibility of electronic records     94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.  
66 Rules as to notice to produce   95 Exclusion of evidence of oral agreement. 
67 Proof of signature and handwriting of person alleged to have signed or written document produced    96 Exclusion of evidence to explain or amend ambiguous document.  
67A Proof as to electronic signature    97 Exclusion of evidence against application of document to existing facts.  
68 Proof of execution of document required by law to be attested    98 Evidence as to document unmeaning reference to existing facts.  
69 Proof where no attesting witness found     99 Evidence as to application of language which can apply to one only of several persons. 
70 Admission of execution by party to attested document    100 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.  
71 Proof when attesting witness denies the execution    101 Evidence as to meaning of illegible characters, etc. 
72 Proof of document not required by law to be attested    102  Who may give evidence of agreement varying terms ofdocument.  
73 Comparison of signature, writing or seal with others admitted or proved    103 Saving of provisions of Indian Succession Act relating to Wills 
73A Proof as to verification of digital signature   104 Burden of proof.  
74 Public documents    105 On whom burden of proof lies.  
75 Private documents    106 Burden of proof as to particular fact.  
76 Certified copies of public documents    107 Burden of proving fact to be proved to make evidence admissible.  
77 Proof of documents by production of certified copies    108 Burden of proving that case of accused comes within exceptions.  
78 Proof of other official documents    109 Burden of proving fact especially within knowledge.  
79 Presumption as to genuineness of certified copies    110 Burden of proving death of person known to have been alive within thirty years. 
80 Presumption as to documents produced as record of evidence    111  Burden of proving that person is alive who has not been heard of for seven years. 
81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents    112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.  
81A Presumption as to Gazettes in electronic forms    113 Burden of proof as to ownership. 
82 Presumption as to document admissible in England without proof of seal or signature   114 Proof of good faith in transactions where one party is in relation of active confidence.  
83   Presumption as to maps or plans made by authority of Government    115 Presumption as to certain offences.  
84 Presumption as to collections of laws and reports of decisions    116 Birth during marriage,conclusive proof of legitimacy.  
85 Presumptions as to powers-of-attorney    117 Presumption as to abetment of suicide by a married woman.  
85A Presumption as to electronic agreements    118 Presumption as to dowry death.  
85B Presumption as to electronic records and electronic signatures    119 Court may presume existence of certain facts.  
85C Presumption as to Electronic Signature Certificates    120 Presumption as to absence of consent in certain prosecution for rape.  
86 Presumption as to certified copies of foreign judicial records    121 Estoppel.  
87 Presumption as to books, maps and charts    122 Estoppel of tenants and of licensee of person in possession.  
88 Presumption as to telegraphic messages    123 Estoppel of acceptor of bill of exchange, bailee or licensee.  
88A Presumption as to electronic messages    124 Who may testify.  
89 Presumption as to due execution, etc , of documents not produced    125 Witness unable to communicate verbally.  
90 Presumption as to documents thirty years old    126 Competency of husband and wife as witnesses in certain cases.  
90A Presumption as to electronic records five years old    127 Judges and Magistrates.  
91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document     128 Communications during marriage.  
92 Exclusion of evidence of oral agreement     129 Evidence as to affairs of State.  
93 Exclusion of evidence to explain or amend ambiguous document     130 Official communications. 
94 Exclusion of evidence against application of document to existing facts    131 Information as to commission of offences.  
95 Evidence as to document unmeaning in reference to existing facts     132 Professional communications.  
96 Evidence as to application of language which can apply to one only of several persons     133 Privilege not waived by volunteering evidence.  
97 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies     134 Confidential communication with legal advisers.  
98 Evidence as to meaning of illegible characters, etc     135 Production of title-deeds of witness not a party.  
99 Who may give evidence of agreement varying terms of document     136 Production of documents or electronic records which another person, having possession, would refuse to produce.  
100   Saving of provisions of Indian Succession Act relating to wills     137 Witness not excused from answering on ground that answer will criminate.  
101   Burden of proof     138 Accomplice.  
102   On whom burden of proof lies     139 Number of witnesses.   
103   Burden of proof as to particular fact    140 Order of production and examination of witnesses.  
104   Burden of proving fact to be proved to make evidence admissible     141 Judge to decide as to admissibility ofevidence.  
105   Burden of proving that case of accused comes within exceptions   142 Examination of witnesses.  
106   Burden of proving fact especially within knowledge    143 Order of examinations.  
107   Burden of proving death of person known to have been alive within thirty years    144 Cross-examination of person called to produce a document.  
108   Burden of proving that person is alive who has not been heard of for seven years     145 Witnesses to character.  
109   Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent     146 Leading questions.  
110   Burden of proof as to ownership     147 Evidence as to matters in writing.  
111   Proof of good faith in transactions where one party is in relation of active confidence    148 Cross-examination as to previous statements in writing.  
111A Presumption as to certain offences     149 Questions lawful in cross-examination.  
112   Birth during marriage, conclusive proof of legitimacy     150 When witness to be compelled to answer.  
113   Proof of cession of territory     151 Court to decide when question shall be asked and when witness compelled to answer.  
113A Presumption as to abetment of suicide by a married woman     152 Question not to be asked without reasonable grounds.  
113B Presumption as to dowry death     153 Procedure of Court in case of question being asked without reasonable grounds. 
114   Court may presume existence of certain facts     154 Indecent and scandalous questions.  
114A Presumption as to absence of consent in certain prosecution for rape  155 Questions intended to insult or annoy.  
115 Estoppel     156 Exclusion of evidence to contradict answers to questions testing veracity.  
116   Estoppel of tenants and of licensee of person in possession     157 Question by party to his own witness.  
117   Estoppel of acceptor of bill of exchange, bailee or licensee    158 Impeaching credit of witness.  
118   Who may testify     159 Questions tending to corroborate evidence of relevant fact, admissible.  
119   Witness unable to communicate verbally    160 Former statements of witness may be proved to corroborate later testimony as to same fact.  
120   Parties to civil suit, and their wives or husbands  Husband or wife of person under criminal trial     161 What matters may be proved in connection with provedstatement relevant under section 32 or 33.  
121   Judges and Magistrates     162 Refreshing memory.  
122   Communications during marriage   163 Testimony to facts stated in document mentioned in section159.  
123   Evidence as to affairs of State     164 Right of adverse party as to writing used to refresh memory.  
124   Official communications     165 Production of documents.  
125   Information as to commission of offences     166 Giving, as evidence, of document called for and produced on notice.  
126   Professional communications     167 Using, as evidence, of document production of which was refused on notice.  
127   Section   to apply to interpreters, etc    168 Judge's power to put questions or order production.  
128   Privilege not waived by volunteering evidence    169 No new trial for improper admission or rejection of evidence.  
129   Confidential communications with legal advisers    170 Repeal and savings. 
130   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        
132   Witness not excused from answering on ground that answer will criminate       
133 Accomplice        
134   Number of witnesses       
135   Order of production and examination of witnesses        
136   Judge to decide as to admissibility of evidence        
137   Examination-in-chief   Cross-examination   Re-examination        
138   Order of examinations   Direction of re-examination        
139   Cross-examination of person called to produce a document        
140   Witnesses to character        
141   Leading questions        
142   When they must not be asked        
143   When they may be asked        
144   Evidence as to matters in writing        
145   Cross-examination as to previous statements in writing       
146   Questions lawful in cross-examination        
147   When witness to be compelled to answer        
148   Court to decide when question shall be asked and when witness compelled to answer        
149   Question not to be asked without reasonable grounds        
150   Procedure of Court in case of question being asked without reasonable grounds        
151   Indecent and scandalous questions        
152   Questions intended to insult or annoy        
153   Exclusion of evidence to contradict answers to questions testing veracity        
154   Question by party to his own witness        
155   Impeaching credit of witness       
156   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        
158   What matters may be proved in connection with proved statement relevant under section  or        
159   Refreshing memory        
  When witness may use copy of document to refresh memory         
160   Testimony to facts stated in document mentioned in section        
161   Right of adverse party as to writing used to refresh memory       
162   Production of documents        
163   Giving, as evidence, of document called for and produced on notice        
164   Using, as evidence, of document production of which was refused on notice        
165   Judge’s power to put questions or order production        
166   Power of jury or assessors to put questions      


  


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