Bharatiya Sakshya Adhiniyam

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

Protects a custodian of documents or electronic records from being compelled to produce them if the actual owner has a legal right to refuse production and does not consent.

Witness not excused from answering on ground that answer will criminate

Compels a witness to answer relevant questions even if the answers criminate them, but grants use immunity, protecting them from arrest or prosecution based on those answers (except for perjury).

Accomplice

Declares an accomplice to be a competent witness against an accused, and affirms that a conviction based on their corroborated testimony is legally valid.

Number of witnesses

Establishes that courts weigh evidence rather than counting witnesses, meaning no specific number of witnesses is required to prove a fact.

Order of production and examination of witnesses

Directs that the sequence of presenting and examining witnesses is governed by civil and criminal procedural laws, or by the court's discretion in their absence.

Judge to decide as to admissibility of evidence

Empowers the Judge to decide the admissibility of any proposed evidence, requiring foundation facts to be proved first unless the court accepts a party's promise to prove them later.

Examination of witnesses

Formally defines the three stages of examining a witness in court: examination-in-chief, cross-examination, and re-examination.

Order of examinations

Establishes the chronological sequence of witness examination and defines the scope of each stage, allowing cross-examination to go beyond the chief but limiting re-examination.

Cross-examination of person called to produce a document

Clarifies that a person summoned only to produce a document is not considered a witness and cannot be cross-examined unless formally called as one.

Witnesses to character

Allows witnesses who testify about a person's character to be cross-examined and re-examined in the same manner as other witnesses.

Leading questions

Defines leading questions as those suggesting the desired answer, prohibiting them in chief and re-examination upon objection, but permitting them in cross-examination.

Evidence as to matters in writing

Allows the opposing party to block oral testimony regarding a document's contents until the document is produced, unless grounds for secondary evidence are established.

Cross-examination as to previous statements in writing

Allows a witness to be cross-examined about their past written statements without showing them, but requires drawing their attention to specific parts if used to contradict them.

Questions lawful in cross-examination

Broadens cross-examination to include questions testing a witness's credibility and background, but strictly bans questioning a sexual assault victim about their past sexual experience.

When witness to be compelled to answer

Cross-references Section 137, making it mandatory for a witness to answer a question that is relevant to the suit or proceeding.

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

Empowers the Court to decide whether a witness must answer character-shaking questions that are irrelevant to the case, outlining proper vs. improper inquiries.

Question not to be asked without reasonable grounds

Prohibits cross-examiners from asking character-defaming questions unless they have reasonable grounds to believe the accusation is true.

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

Enables the Court to report an advocate to the High Court or Bar Council if they ask character-damaging questions without reasonable grounds.

Indecent and scandalous questions

Allows the Court to prohibit indecent or scandalous questions unless they relate directly to the core facts in issue.

Questions intended to insult or annoy

Mandates the Court to forbid questions designed to insult or annoy, or those phrased in a needlessly offensive manner.

Exclusion of evidence to contradict answers to questions testing veracity

Excludes secondary evidence to contradict a witness's answers regarding their character, except for prior convictions or bias.

Question by party to his own witness

Allows a party, with the Court's permission, to cross-examine their own witness (hostile witness), and rely on any part of their testimony.

Impeaching credit of witness

Lists the three valid legal ways to impeach a witness's credibility: character testimony, proof of bribery, or proof of prior inconsistent statements.

Questions tending to corroborate evidence of relevant fact, admissible

Allows questioning a witness about surrounding circumstances at the time/place of an event to corroborate their core testimony.

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

Allows a witness's prior statements to be proved to corroborate their current courtroom testimony if made near the event or to competent investigators.

What matters may be proved in connection with proved statement relevant under section 26 or 27

Allows parties to contradict, corroborate, or impeach statements made by deceased or unavailable persons (under Section 26 or 27) as if they were cross-examined in court.

Refreshing memory

Allows witnesses to refer to contemporary notes, reports, or professional treatises to refresh their memory while testifying.

Testimony to facts stated in document mentioned in section 162

Allows a witness to testify to facts in a document from Section 162, even without active memory of the event, if they are sure it was recorded correctly.

Right of adverse party as to writing used to refresh memory

Grants the opposing party the right to inspect any writing a witness used to refresh memory and cross-examine them on it.

Production of documents

Requires summoned witnesses to bring documents to court despite objections, leaving admissibility decisions to the court, and bars courts from demanding President-Minister communications.

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

If a party demands a document by notice, gets it, and inspects it, they must tender it as evidence if the producing party requires it.

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

Prevents a party who refused to produce a document upon notice from using it as evidence later without consent or a court order.

Judge’s power to put questions or order production

Grants judges broad powers to question witnesses and order document production at any time to seek the truth, subject to legal relevance and evidentiary privilege.

No new trial for improper admission or rejection of evidence

Technical errors in admitting or rejecting evidence are not grounds for a new trial or reversal if the remaining evidence justifies the decision.

Repeal and savings

Repeals the Indian Evidence Act, 1872, but preserves the application of the old Act for all pending trials, investigations, and appeals initiated prior to the commencement of the BSA.

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

Covers exceptions to the hearsay rule, including dying declarations and business records.

Presumption as to electronic records and electronic signatures

The Court presumes that secure electronic records have not been altered and secure digital signatures were affixed with intent.

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

Permits reuse of previous judicial evidence when the original witness is unavailable.

Presumption as to Electronic Signature Certificates

Information in an Electronic Signature Certificate is presumed correct if accepted by the subscriber, barring unverified details.

Entries in books of account when relevant

Recognizes business account books as evidence but requires corroboration for liability.

Presumption as to certified copies of foreign judicial records

The Court may presume foreign judicial records are genuine if certified as per that country's standard by an Indian representative.

Relevancy of entry in public record or an electronic record made in performance of duty

Makes official and public records (including digital ones) admissible as evidence.

Presumption as to books, maps and charts

The Court may presume that public interest books, maps, or charts were authored and published as stated on them.

Relevancy of statements in maps, charts and plans

Allows the use of published or government-authorized maps and plans as evidence.

Presumption as to electronic messages

The Court may presume an email matches the original sent version, but makes no presumption about the actual identity of the sender.

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

Recognizes government acts and gazette notifications as proof of public facts.

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

If a document is called for but not produced after notice, the Court presumes it was properly signed, stamped, and executed.

Relevancy of statements as to any law contained in law books including electronic or digital form

Allows the court to rely on authorized law books and digital case law reports.

Presumption as to documents thirty years old

For documents 30+ years old produced from proper custody, the Court may presume the handwriting, signature, and execution are genuine.

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

Limits evidence to only the necessary portion of a longer statement or document required to understand its context and effect.

Previous judgments relevant to bar a second suit or trial

Previous judgments or orders that legally bar a court from hearing a case are relevant in determining the court's jurisdiction.

Presumption as to electronic records five years old

For electronic records 5+ years old from proper custody, the Court may presume the digital signature is genuine.

Relevancy of certain judgments in probate, etc., jurisdiction

Final judgments in probate, matrimonial, admiralty, or insolvency matters are relevant and serve as conclusive proof of the legal character or title they confer or take away.

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

When a contract or matter is in writing as per law, only the document itself (or secondary evidence) can prove its terms.

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Judgments involving matters of public interest (outside Section 35) are relevant but do not act as conclusive proof.

Exclusion of evidence of oral agreement

Once a document's terms are proved, oral evidence cannot be used to contradict or vary them, except in cases of fraud, illegality, or to clarify silence.

Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Judgments not falling under sections 34-36 are generally irrelevant unless they are a fact in issue or relevant under other provisions (like showing motive).

Exclusion of evidence to explain or amend ambiguous document

Evidence cannot be given to explain a document that is fundamentally ambiguous or contains blanks on its face.

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

Parties can challenge the validity of relevant prior judgments by proving they were obtained through fraud, collusion, or by an incompetent court.

Exclusion of evidence against application of document to existing facts

If a document is clear and fits the existing facts perfectly, oral evidence cannot be used to claim it meant something else.

Opinions of experts

Opinions of experts in specialized fields like foreign law, science, art, handwriting, fingerprints, and electronic evidence are relevant in court.

Evidence as to document unmeaning in reference to existing facts

If a document is clear but doesn't make sense in context, evidence can be given to show its intended meaning.

Facts bearing upon opinions of experts

Facts that either support or contradict an expert's relevant opinion become relevant themselves.

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

If a description fits multiple objects but only one was intended, evidence can identify the correct one.

Opinion as to handwriting and signature, when relevant

Opinions of people acquainted with a person's handwriting, or a Certifying Authority for electronic signatures, are relevant to identify authorship.

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

If a description partially fits two different things but perfectly fits neither, evidence can show which was intended.

Opinion as to existence of general custom or right, when relevant

Opinions of persons likely to know about a general custom or right (common to a large class of people) are relevant to prove its existence.

Evidence as to meaning of illegible characters, etc.

Evidence can be given to explain illegible writing, technical terms, foreign words, or abbreviations in a document.

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

Opinions of people with special knowledge about family customs, religious foundation governance, or local dialects are relevant in court.

Who may give evidence of agreement varying terms of document

Third parties can provide evidence of oral agreements that vary written terms if it affects their legal interests.

Opinion on relationship, when relevant

Opinions on relationships, expressed through the conduct of family members or others with special knowledge, are relevant, except in specific matrimonial or BNS criminal cases.

Saving of provisions of Indian Succession Act relating to wills

This section ensures that rules for interpreting Wills in the Indian Succession Act remain unaffected by this chapter.

Grounds of opinion, when relevant

When a person's opinion is relevant, the underlying reasons or evidence used to form that opinion are also relevant.

Burden of proof

The fundamental rule that the person asserting a fact to gain a legal right must prove its existence.

In civil cases character to prove conduct imputed, irrelevant

In civil cases, a person's character cannot be used to prove that they likely behaved in a certain way, unless the character evidence is otherwise relevant.

On whom burden of proof lies

The burden of proof rests on the party who would lose if no evidence were provided by either side.

In criminal cases previous good character relevant

In criminal cases, evidence of the accused person's good character is relevant and admissible.

Burden of proof as to particular fact

The party wishing the court to believe a specific fact is responsible for proving it.

Evidence of character or previous sexual experience not relevant in certain cases

In sexual offence cases under BNS, the victim's character or past sexual history is irrelevant when determining consent.

Burden of proving fact to be proved to make evidence admissible

The burden of proving a foundational fact (like death or loss of document) lies on the person who wants to use it to admit other evidence.

Previous bad character not relevant, except in reply

In criminal cases, the accused's bad character is irrelevant unless they first offer evidence of their good character, or if character is a direct fact in issue.

Burden of proving that case of accused comes within exceptions

When an accused claims a general or special exception (e.g., self-defense), they must prove the circumstances of that exception.

Character as affecting damages

In civil suits, character evidence is relevant if it impacts the amount of damages. Character refers to general reputation and disposition, not specific acts.

Burden of proving fact especially within knowledge

A foundational rule that if only one person knows a fact (like having a ticket), they must prove it.

Fact judicially noticeable need not be proved

Facts that the court is legally required to recognize (judicial notice) do not require formal evidence or proof.

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

If a person was known to be alive within the last 30 years, the law presumes they are still alive. Anyone claiming they are dead must prove it.

Facts of which Court shall take judicial notice

Lists specific facts (laws, treaties, seals, public offices, etc.) that courts must recognize without proof, and allows courts to use reference books for aid.

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

If a person has not been heard of for 7 years by those who would naturally know, they are presumed dead. The burden to prove they are alive shifts to whoever claims so.

Facts admitted need not be proved

Facts admitted by parties or their agents during or before a hearing do not require proof, though the court can still demand evidence if it chooses.

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

Once a relationship of partnership, tenancy, or agency is shown to exist by the parties' actions, the burden of proving that the relationship has ended lies on the person claiming so.

Proof of facts by oral evidence

Every fact can be established through oral testimony, with the sole exception of the content of documents.

Burden of proof as to ownership

Possession is prime evidence of ownership. If someone is in possession of something, anyone claiming they are not the owner must prove it.

Oral evidence to be direct

Oral evidence must be direct (first-hand). Hearsay is excluded unless specifically permitted, such as expert treatises when the author is unavailable.

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

In fiduciary relationships (like lawyer-client), the dominant party must prove they acted in good faith if a transaction is challenged.

Proof of contents of documents

Specifies that the contents of a document can only be established using either primary evidence (original document) or secondary evidence (copies or testimony).

Presumption as to certain offences

In disturbed areas, if a person is found at a location where armed forces were attacked with weapons, they are presumed to have committed specific offences like waging war, unless they prove otherwise.

Primary evidence

Defines primary evidence as the original document. Crucially includes modern digital records, simultaneous video recordings, and computer storage (including temporary files) as primary evidence.

Birth during marriage, conclusive proof of legitimacy

A child born during a valid marriage (or within 280 days of its end) is conclusively presumed legitimate. This can only be challenged by proving the parents had no physical access to each other.

Secondary evidence

Defines secondary evidence as substitutes for the original document, such as certified copies, mechanical copies, oral accounts by witnesses, or expert summaries of complex records.

Presumption as to abetment of suicide by a married woman

If a married woman commits suicide within 7 years of marriage and was subjected to cruelty by her husband/relatives, the court may presume they abetted the suicide.

Proof of documents by primary evidence

Establishes the general rule that documents must be proven using primary evidence (the original), unless specifically permitted otherwise.

Presumption as to dowry death

If a woman dies under suspicious circumstances and it is shown she was harassed for dowry soon before her death, the court SHALL presume the accused caused the dowry death.

Cases in which secondary evidence relating to documents may be given

Lists specific exceptions where secondary evidence (copies/accounts) is allowed instead of the original, such as loss of original, public documents, or refusal to produce.

Court may presume existence of certain facts

The Court has the discretion to presume facts that are likely to have happened based on common sense, natural events, human conduct, and business practices.

Electronic or digital record

Grants electronic and digital records the same legal status and validity as traditional physical documents, ensuring they cannot be rejected simply for being digital.

Presumption as to absence of consent in certain prosecution for rape

In specific rape cases (BNS 64(2)), if the woman testifies she did not consent and sexual intercourse is proved, the Court MUST presume she did not consent.

Special provisions as to evidence relating to electronic record

Mandates that any electronic or digital evidence must strictly follow the procedural requirements laid out in Section 63 to be considered valid proof in court.

Estoppel

The principle of Estoppel prevents a person from denying a fact if they previously induced another person to believe that fact and act upon it.

Admissibility of electronic records

Sets the legal framework for the admissibility of electronic evidence. It requires a mandatory certificate to verify that the digital record was produced under controlled and regular circumstances.

Estoppel of tenant and of licensee of person in possession

A tenant cannot deny the landlord's title to the property at the beginning of the tenancy. Similarly, a licensee cannot deny the title of the person who granted the license.

Rules as to notice to produce

Requires a prior notice to the opponent to produce an original document before secondary evidence can be admitted, with common-sense exceptions.

Estoppel of acceptor of bill of exchange, bailee or licensee

An acceptor of a bill of exchange, a bailee, or a licensee cannot deny the authority of the drawer, bailor, or licensor at the start of their agreement, subject to specific exceptions.

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

Requires that if a party claims a document was signed or written by a specific person, they must provide proof that the signature or handwriting actually belongs to that individual.

Who may testify

Every person is competent to testify as a witness as long as they can understand questions and give rational answers, regardless of age or mental health status.

Proof as to electronic signature

States that unless an electronic signature is officially 'secure', any claim that a person used a specific digital signature must be proven in court.

Witness unable to communicate verbally

Witnesses who cannot speak can give evidence via writing or signs in open court. This is treated as oral evidence and must be videographed with help from an interpreter.

Proof of execution of document required by law to be attested

Requires calling at least one witness to prove a document's execution if the law mandates attestation. Registration of non-will documents waives this unless execution is denied.

Competency of husband and wife as witnesses in certain cases

Spouses are competent witnesses against each other in both civil and criminal proceedings.

Proof where no attesting witness found

Provides an alternative method of proof when no attesting witness can be found: proving the handwriting of at least one witness and the signature of the person who executed the document.

Judges and Magistrates

Judges and Magistrates cannot be compelled to testify about their conduct or knowledge gained in court, except by order of a superior court. However, they can testify about other incidents that happened in their presence while presiding.

Admission of execution by party to attested document

Clarifies that if a person who signed an attested document admits to doing so, that admission alone is enough to prove execution against them, overriding the need to call a witness.

Communications during marriage

Confidential communications between spouses during marriage are privileged. Neither spouse can be forced to disclose them, nor can they disclose them voluntarily without consent, except in disputes between themselves or crimes against each other.

Proof when attesting witness denies execution

Permits a party to use alternative evidence to establish a document's validity if the called witness turns hostile or has forgotten the event.

Evidence as to affairs of State

Evidence from unpublished state records can only be given with the permission of the head of the concerned government department.

Proof of document not required by law to be attested

Clarifies that if a document was voluntarily attested (though not required by law), it can be proved like any normal document without calling witnesses.

Official communications

A public officer cannot be forced to disclose confidential official communications if they believe such disclosure would harm the public interest.

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

Empowers the Court to compare disputed signatures, handwriting, or seals with verified samples, including demanding fresh samples in court.

Information as to commission of offences

Magistrates, police officers, and revenue officers cannot be forced to reveal the source or timing of information regarding crimes or revenue offences.

Proof as to verification of digital signature

Outlines the technical procedure for the Court to verify a digital signature using the Digital Signature Certificate and public key.

Professional communications

Communications between an advocate and their client are strictly confidential and privileged, except for illegal purposes or crimes committed after the relationship began.

Public and private documents

Defines 'Public Documents' as those created by sovereign authorities, official bodies, or public officers, and public records of private documents. All others are 'Private'.

Privilege not waived by volunteering evidence

Giving evidence in court does not automatically waive advocate-client privilege. Privilege is only waived if the client specifically questions the advocate about confidential matters.

Certified copies of public documents

Mandates that public officers provide formal 'Certified Copies' of public documents upon request and payment of fees.

Confidential communication with legal advisers

Clients cannot be forced to reveal confidential talks with their legal advisors unless they testify in court, and even then, only to the extent necessary to explain their evidence.

Proof of other official documents

Specifies methods for proving various official records, including govt notifications, parliamentary proceedings, and foreign public documents.

Proof of documents by production of certified copies

Confirms that certified copies are valid evidence and can be used to prove the contents of original public documents.

Short title, application and commencement

Defines the title, scope of application, and commencement of the Act.

Presumption as to genuineness of certified copies

Mandates that the Court must assume certified government documents are authentic and that the signing officer held the claimed status.

Presumption as to documents produced as record of evidence, etc.

Requires the Court to presume that records of witness testimony or confessions signed by a Judge are authentic and duly taken.

Presumption as to Gazettes, newspapers, and other documents

Directs the Court to assume that official Gazettes, newspapers, and legally required records are genuine if produced from proper custody.

Definitions

Provides comprehensive definitions for key legal terms used in the Adhiniyam.

Evidence may be given of facts in issue and relevant facts

Restricts evidence to only facts in issue and legally relevant facts.

Relevancy of facts forming part of same transaction

Commonly known as Res Gestae; facts that are part of the same transaction are relevant.

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

Makes facts relevant if they are the occasion, cause, effect, or provide an opportunity for the occurrence of a fact in issue.

Presumption as to Gazettes in electronic or digital record

The Court shall presume the genuineness of electronic or digital Official Gazettes and legal records if kept as per law and produced from proper custody.

Motive, preparation and previous or subsequent conduct

Makes motive, preparation, and conduct (previous or subsequent) relevant in legal proceedings.

Facts necessary to explain or introduce fact in issue or relevant facts

Admits facts that explain, introduce, or establish identity/time/place of facts in issue.

Things said or done by conspirator in reference to common design

Makes statements or actions of one conspirator admissible against all others in the conspiracy.

When facts not otherwise relevant become relevant

Covers facts that are inconsistent with the case (like alibi) or change the probability of a fact.

Facts tending to enable Court to determine amount are relevant in suits for damages

Makes facts relevant that help the Court calculate damages in civil suits.

Facts relevant when right or custom is in question

Admits evidence of past transactions and instances to prove a right or custom.

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

Makes facts showing intention, knowledge, or physical feelings relevant.

Facts bearing on question whether act was accidental or intentional

Admits evidence of a series of similar acts to prove intent and rule out accident.

Existence of course of business when relevant

Allows the routine course of business to be used as evidence for the performance of an act.

Admission defined

Defines what constitutes an admission in legal terms, including electronic statements.

Admission by party to proceeding or his agent

Defines which persons statements qualify as admissions against a party.

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

Allows third-party statements to be used as admissions if their liability is central to the suit.

Admissions by persons expressly referred to by party to suit

Treats a third party's statement as an admission if a party refers to them for info.

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

Rules for proving admissions against or in favor of the maker.

Presumption as to maps or plans made by authority of Government

The Court presumes the accuracy and authority of government-made maps, but maps made specifically for a case must be proven accurate.

When oral admissions as to contents of documents are relevant

Restricts oral evidence about document contents to uphold the best evidence rule.

Admissions in civil cases when relevant

Protects confidential settlement negotiations in civil cases from being used as evidence.

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

Invalidates involuntary confessions while defining specific scenarios where they remain relevant.

Confession to police officer

Bars confessions made to police but allows evidence discovered through such confessions.

Presumption as to collections of laws and reports of decisions

The Court presumes the authenticity of books published by any government containing its laws or reports of court decisions.

Production of title-deeds of witness not a party

A witness who is not a party to the case cannot be forced to produce their property title deeds or self-incriminating documents, unless they have agreed in writing to do so.

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

Allows use of a confession against co-accused in joint trials.

Presumption as to powers-of-attorney

The Court presumes that a Power of Attorney authenticated by a Notary, Court, or high government official was properly executed.

Admissions not conclusive proof, but may estop

Clarifies that admissions are rebuttable evidence but can lead to estoppel.

Presumption as to electronic agreements

The Court presumes that electronic agreements containing digital signatures were properly concluded by the parties.