Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a landmark legislation that replaces the Indian Evidence Act, 1872, which governed evidence law in India for more than 150 years. The new law modernizes the legal framework for admissibility, relevance, and proof of evidence in courts, especially by recognizing digital and electronic records in judicial proceedings.

The Act forms part of India’s new criminal law reform package, along with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), aimed at making the criminal justice system more efficient and technologically advanced.

The primary objective of the Bharatiya Sakshya Adhiniyam is to simplify evidence law, remove outdated provisions, and adapt the legal system to the digital age.

Evidence law in India was historically governed by the Indian Evidence Act, 1872, drafted by Sir James Fitzjames Stephen during British rule. The Act laid down the principles for determining:

What facts may be given as evidence
What kind of evidence is admissible in court
Who has the burden of proof
How witnesses and documents are examined

Although the Act was considered a well-structured legal statute, many of its provisions became outdated with technological advancements such as digital documents, emails, CCTV footage, and electronic communication.

To address these challenges, the Government of India enacted the Bharatiya Sakshya Adhiniyam, 2023, replacing the colonial-era law.

Structure of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam is structured into 4 Parts, 12 Chapters, and 170 Sections, which lay down the rules governing evidence in courts.

Part	Chapter	Title
Part I	Chapter I	Preliminary
Part II	Chapter II	Relevancy of Facts
Part II	—	Opinions of Third Persons When Relevant
Part II	—	Character When Relevant
Part III	Chapter III	Facts Which Need Not Be Proved
Part III	Chapter IV	Of Oral Evidence
Part III	Chapter V	Of Documentary Evidence
Part III	—	Public Documents
Part III	—	Presumptions as to Documents
Part III	Chapter VI	Exclusion of Oral Evidence by Documentary Evidence
Part IV	Chapter VII	Burden of Proof
Part IV	Chapter VIII	Estoppel
Part IV	Chapter IX	Of Witnesses
Part IV	Chapter X	Of Examination of Witnesses
Part IV	Chapter XI	Improper Admission and Rejection of Evidence
Part IV	Chapter XII	Repeal and Savings
—	—	The Schedule

This structure largely retains the framework of the old Evidence Act but modernizes several provisions.

The Bharatiya Sakshya Adhiniyam, 2023

CONTENTS

Sections

PART I

CHAPTER I
PRELIMINARY

Short title, application and commencement
Definitions

PART II

CHAPTER II
RELEVANCY OF FACTS

Evidence may be given of facts in issue and relevant facts

Closely connected facts

Relevancy of facts forming part of same transaction
Facts which are occasion, cause or effect of facts in issue or relevant facts
Motive, preparation and previous or subsequent conduct
Facts necessary to explain or introduce fact in issue or relevant facts
Things said or done by conspirator in reference to common design
When facts not otherwise relevant become relevant
Facts tending to enable Court to determine amount are relevant in suits for damages
Facts relevant when right or custom is in question
Facts showing existence of state of mind, or of body or bodily feeling
Facts bearing on question whether act was accidental or intentional
Existence of course of business when relevant

Admissions

Admission defined
Admission by party to proceeding or his agent

Admissions by persons whose position must be proved as against party to suit
Admissions by persons expressly referred to by party to suit
Proof of admissions against persons making them, and by or on their behalf
When oral admissions as to contents of documents are relevant
Admissions in civil cases when relevant
Confession caused by inducement, threat, coercion or promise, when relevant in criminal proceeding
Confession to police officer
Consideration of proved confession affecting person making it and others jointly under trial for same offence
Admissions not conclusive proof, but may estop

Statements by persons who cannot be called as witnesses

Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

Statements made under special circumstances

Entries in books of account when relevant
Relevancy of entry in public record or an electronic record made in performance of duty
Relevancy of statements in maps, charts and plans
Relevancy of statement as to fact of public nature contained in certain Acts or notifications
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

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

Previous judgments relevant to bar a second suit or trial
Relevancy of certain judgments in probate, etc., jurisdiction
Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 35
Judgments, etc., other than those mentioned in Sections 34, 35 and 36 when relevant

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

Opinions of third persons when relevant

Opinions of experts
Facts bearing upon opinions of experts
Opinion as to handwriting and signature, when relevant
Opinion as to existence of general custom or right, when relevant
Opinion as to usages, tenets, etc., when relevant
Opinion on relationship, when relevant
Grounds of opinion, when relevant

Character when relevant

In civil cases character to prove conduct imputed, irrelevant
In criminal cases previous good character relevant
Evidence of character or previous sexual experience not relevant in certain cases
Previous bad character not relevant, except in reply
Character as affecting damages

PART III
ON PROOF

CHAPTER III
FACTS WHICH NEED NOT BE PROVED

Fact judicially noticeable need not be proved
Facts of which Court shall take judicial notice
Facts admitted need not be proved

CHAPTER IV
OF ORAL EVIDENCE

Proof of facts by oral evidence
Oral evidence to be direct

CHAPTER V
OF DOCUMENTARY EVIDENCE

Proof of contents of documents
Primary Evidence
Secondary evidence
Proof of documents by primary evidence
Cases in which secondary evidence relating to documents may be given

Electronic or digital record
Special provisions as to evidence relating to electronic record
Admissibility of electronic records
Rules as to notice to produce
Proof of signature and handwriting of person alleged to have signed or written document produced
Proof as to electronic signature
Proof of execution of document required by law to be attested
Proof where no attesting witness found
Admission of execution by party to attested document
Proof when attesting witness denies execution
Proof of document not required by law to be attested
Comparison of signature, writing or seal with others admitted or proved
Proof as to verification of digital signature

Public documents

Public and private documents
Certified copies of public documents
Proof of documents by production of certified copies
Proof of other official documents

Presumptions as to documents

Presumption as to genuineness of certified copies
Presumption as to documents produced as record of evidence, etc.
Presumption as to Gazettes, newspapers, and other documents
Presumption as to Gazettes in electronic or digital record
Presumption as to maps or plans made by authority of Government
Presumption as to collections of laws and reports of decisions
Presumption as to powers-of-attorney
Presumption as to electronic agreements
Presumption as to electronic records and electronic signatures
Presumption as to Electronic Signature Certificates
Presumption as to certified copies of foreign judicial records
Presumption as to books, maps and charts
Presumption as to electronic messages
Presumption as to due execution, etc., of documents not produced
Presumption as to documents thirty years old
Presumption as to electronic records five years old

CHAPTER VI
OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Exclusion of evidence of oral agreement
Exclusion of evidence to explain or amend ambiguous document
Exclusion of evidence against application of document to existing facts
Evidence as to document unmeaning in reference to existing facts
Evidence as to application of language which can apply to one only of several persons
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Evidence as to meaning of illegible characters, etc.
Who may give evidence of agreement varying terms of document
Saving of provisions of Indian Succession Act relating to wills

PART IV
PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII
OF THE BURDEN OF PROOF

Burden of proof
On whom burden of proof lies
Burden of proof as to particular fact
Burden of proving fact to be proved to make evidence admissible
Burden of proving that case of accused comes within exceptions
Burden of proving fact especially within knowledge
Burden of proving death of person known to have been alive within thirty years
Burden of proving that person is alive who has not been heard of for seven years
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Burden of proof as to ownership
Proof of good faith in transactions where one party is in relation of active confidence
Presumption as to certain offences
Birth during marriage, conclusive proof of legitimacy
Presumption as to abetment of suicide by a married woman

Presumption as to dowry death
Court may presume existence of certain facts
Presumption as to absence of consent in certain prosecution for rape

CHAPTER VIII
ESTOPPEL

Estoppel
Estoppel of tenant and of licensee of person in possession
Estoppel of acceptor of bill of exchange, bailee or licensee

CHAPTER IX
OF WITNESSES

Who may testify
Witness unable to communicate verbally
Competency of husband and wife as witnesses in certain cases
Judges and Magistrates
Communications during marriage
Evidence as to affairs of State
Official Communications
Information as to commission of offences
Professional communications
Privilege not waived by volunteering evidence
Confidential communication with legal advisers
Production of title-deeds of witness not a party
Production of documents or electronic records which another person, having possession, could refuse to produce
Witness not excused from answering on ground that answer will incriminate
Accomplice
Number of witnesses

CHAPTER X
OF EXAMINATION OF WITNESSES

Order of production and examination of witnesses
Judge to decide as to admissibility of evidence
Examination of witnesses
Order of examinations
Cross-examination of person called to produce a document
Witnesses to character

Leading questions
Evidence as to matters in writing
Cross-examination as to previous statements in writing
Questions lawful in cross-examination
When witness to be compelled to answer
Court to decide when question shall be asked and when witness compelled to answer
Question not to be asked without reasonable grounds
Procedure of Court in case of question being asked without reasonable grounds
Indecent and scandalous questions
Questions intended to insult or annoy
Exclusion of evidence to contradict answers to questions testing veracity
Question by party to his own witness
Impeaching credit of witness
Questions tending to corroborate evidence of relevant admissible fact
Former statements of witness may be proved to corroborate later testimony as to same fact
What matters may be proved in connection with proved statement relevant under Section 26 or 27
Refreshing memory
Testimony to facts stated in document mentioned in Section 162
Right of adverse party as to writing used to refresh memory
Production of documents
Giving, as evidence, of document called for and produced on notice
Using, as evidence, of document production of which was refused on notice
Judge’s power to put questions or order production

CHAPTER XI
OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE

No new trial for improper admission or rejection of evidence

CHAPTER XII
REPEAL AND SAVINGS

Repeal and savings

THE SCHEDULE

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 marks a significant step in modernizing India’s legal system. By replacing the Indian Evidence Act, 1872, the new law reflects the realities of the digital world and improves the way evidence is presented and evaluated in courts.

The Act strengthens the justice system by recognizing electronic evidence, simplifying legal procedures, and ensuring fair trials. As technology continues to evolve, this legislation provides a strong legal framework for handling evidence in the 21st century.