Evidence Act to BSA: complete section table
Every section of the Indian Evidence Act with its corresponding section in the Bharatiya Sakshya Adhiniyam, 2023.
Type an old section number, a subject, or the new law and a number (e.g. “BSA 103”) to search the other way.
| Evidence Act | Subject | BSA | Corresponding provision | Status |
|---|---|---|---|---|
| 1 | Short title. Extent. Commencement of Act | 1 | Short title, application and commencement | Same provision |
| 2 | Repealed | — | No corresponding provision | Omitted |
| 3 | Interpretation-clause | 2 | Definitions | Changed |
| 4 | May presume. Shall presume. Conclusive proof | 2(1)(b), 2(1)(h), 2(1)(l) | Definitions | Same provision |
| 5 | Evidence may be given of facts in issue and relevant facts | 3 | Evidence may be given of facts in issue and relevant facts | Same provision |
| 6 | Relevancy of facts forming part of same transaction | 4 | Relevancy of facts forming part of same transaction | Changed |
| 7 | Facts which are the occasion, cause or effect of facts in issue | 5 | Facts which are occasion, cause or effect of facts in issue or relevant facts | Same provision |
| 8 | Motive, preparation and previous or subsequent conduct | 6 | Motive, preparation and previous or subsequent conduct | Same provision |
| 9 | Facts necessary to explain or introduce relevant facts | 7 | Facts necessary to explain or introduce fact in issue or relevant facts | Same provision |
| 10 | Things said or done by conspirator in reference to common design | 8 | Things said or done by conspirator in reference to common design | Same provision |
| 11 | When facts not otherwise relevant become relevant | 9 | When facts not otherwise relevant become relevant | Same provision |
| 12 | In suits for damages, facts tending to enable Court to determine amount are relevant | 10 | Facts tending to enable Court to determine amount are relevant in suits for damages | Same provision |
| 13 | Facts relevant when right or custom is in question | 11 | Facts relevant when right or custom is in question | Same provision |
| 14 | Facts showing existence of state of mind, or of body of bodily feeling | 12 | Facts showing existence of state of mind, or of body or bodily feeling | Same provision |
| 15 | Facts bearing on question whether act was accidental or intentional | 13 | Facts bearing on question whether act was accidental or intentional | Same provision |
| 16 | Existence of course of business when relevant | 14 | Existence of course of business when relevant | Same provision |
| 17 | Admission defined | 15 | Admission defined | Same provision |
| 18 | Admission - by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived | 16 | Admission by party to proceeding or his agent | Same provision |
| 19 | Admissions by persons whose position must be proved as against party to suit | 17 | Admissions by persons whose position must be proved as against party to suit | Same provision |
| 20 | Admissions by persons expressly referred to by party to suit | 18 | Admissions by persons expressly referred to by party to suit | Same provision |
| 21 | Proof of admissions against persons making them, and by or on their behalf | 19 | Proof of admissions against persons making them, and by or on their behalf | Same provision |
| 22 | When oral admissions as to contents of documents are relevant | 20 | When oral admissions as to contents of documents are relevant | Same provision |
| 22A | When oral admission as to contents of electronic records are relevant | — | No corresponding provision | Omitted |
| 23 | Admissions in civil cases when relevant | 21 | Admissions in civil cases when relevant | Same provision |
| 24 | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | Changed |
| 25 | Confession to police-officer not to be proved | 23(1) | Confession to police officer | Same provision |
| 26 | Confession by accused while in custody of Police not to be proved against him | 23(2) | Confession to police officer | Same provision |
| 27 | How much of information received from accused may be proved | 23(Proviso) | Confession to police officer | Same provision |
| 28 | Confession made after removal of impression caused by inducement, threat or promise, relevant | 22(Proviso-1) | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | Same provision |
| 29 | Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc | 22(Proviso-2) | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | Same provision |
| 30 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | 24 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | Changed |
| 31 | Admissions not conclusive proof, but may estop | 25 | Admissions not conclusive proof, but may estop | Same provision |
| 32 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant | 26 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant | Changed |
| 33 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated | Same provision |
| 34 | Entries in books of account, including when relevant | 28 | Entries in books of account when relevant | Same provision |
| 35 | Relevancy of entry in public record made in performance of duty | 29 | Relevancy of entry in public record or an electronic record made in performance of duty | Same provision |
| 36 | Relevancy of statements in maps, charts and plans | 30 | Relevancy of statements in maps, charts and plans | Same provision |
| 37 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications | 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications | Changed |
| 38 | Relevancy of statements as to any law contained in law-books | 32 | Relevancy of statements as to any law contained in law books including electronic or digital form | Changed |
| 39 | What evidence to be given when statement from part of a conversation, document, electronic record, book or series of letters or papers | 33 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers | Same provision |
| 40 | Previous judgments relevant to bar a second suit or trial | 34 | Previous judgments relevant to bar a second suit or trial | Same provision |
| 41 | Relevancy of certain judgments in probate, etc., jurisdiction | 35 | Relevancy of certain judgments in probate, etc., jurisdiction | Changed |
| 42 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 | 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 | Same provision |
| 43 | Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant | 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant | Same provision |
| 44 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | 38 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | Same provision |
| 45 | Opinions of experts | 39(1) | Opinions of experts | Changed |
| 45A | Opinion of Examiner of Electronic Evidence | 39(2) | Opinions of experts | Same provision |
| 46 | Facts hearing upon opinions of experts | 40 | Facts bearing upon opinions of experts | Same provision |
| 47 | Opinion as to handwriting, when relevant | 41(1) | Opinion as to handwriting and signature, when relevant | Same provision |
| 47A | Opinion as to digital signature, when relevant | 41(2) | Opinion as to handwriting and signature, when relevant | Same provision |
| 48 | Opinion as to existence of right or custom, when relevant | 42 | Opinion as to existence of general custom or right, when relevant | Same provision |
| 49 | Opinion as to usages, tenets, etc., when relevant | 43 | Opinion as to usages, tenets, etc., when relevant | Same provision |
| 50 | Opinion on relationship, when relevant | 44 | Opinion on relationship, when relevant | Same provision |
| 51 | Grounds of opinion, when relevant | 45 | Grounds of opinion, when relevant | Same provision |
| 52 | In civil cases character to prove conduct imputed, irrelevant | 46 | In civil cases character to prove conduct imputed, irrelevant | Same provision |
| 53 | In criminal cases previous good character relevant | 47 | In criminal cases previous good character relevant | Same provision |
| 53A | Evidence of character or previous sexual experience not relevant in certain cases | 48 | Evidence of character or previous sexual experience not relevant in certain cases | Same provision |
| 54 | Previous bad character not relevant, except in reply | 49 | Previous bad character not relevant, except in reply | Same provision |
| 55 | Character as affecting damages | 50 | Character as affecting damages | Same provision |
| 56 | Fact judicially noticeable need not be proved | 51 | Fact judicially noticeable need not be proved | Same provision |
| 57 | Facts of which Court must take judicial notice | 52 | Facts of which Court shall take judicial notice | Changed |
| 58 | Facts admitted need not be proved | 53 | Facts admitted need not be proved | Same provision |
| 59 | Proof of facts by oral evidence | 54 | Proof of facts by oral evidence | Changed |
| 60 | Oral evidence must be direct | 55 | Oral evidence to be direct | Same provision |
| 61 | Proof of contents of documents | 56 | Proof of contents of documents | Same provision |
| 62 | Primary evidence | 57 | Primary evidence | Changed |
| 63 | Secondary evidence | 58 | Secondary evidence | Changed |
| 64 | Proof of documents by primary evidence | 59 | Proof of documents by primary evidence | Same provision |
| 65 | Cases in which secondary evidence relating to documents may be given | 60 | Cases in which secondary evidence relating to documents may be given | Same provision |
| 65A | Special provisions as to evidence relating to electronic record | 62 | Special provisions as to evidence relating to electronic record | Same provision |
| 65B | Admissibility of electronic records | 63 | Admissibility of electronic records | Changed |
| 65B(3)(a) | by a combination of computers operating over that period; or | — | No corresponding provision | Omitted |
| 65B(3)(b) | by different computers operating in succession over that period; or | — | No corresponding provision | Omitted |
| 65B(3)(c) | by different combinations of computers operating in succession over that period; or | — | No corresponding provision | Omitted |
| 65B(3)(d) | in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers | — | No corresponding provision | Omitted |
| 65B(5)(b) | whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; | — | No corresponding provision | Omitted |
| 66 | Rules as to notice to produce | 64 | Rules as to notice to produce | Changed |
| 67 | Proof of signature and handwriting of person alleged to have signed or written document produced | 65 | Proof of signature and handwriting of person alleged to have signed or written document produced | Same provision |
| 67A | Proof as to electronic signature | 66 | Proof as to electronic signature | Same provision |
| 68 | Proof of execution of document required by law to be attested | 67 | Proof of execution of document required by law to be attested | Same provision |
| 69 | Proof where no attesting witness found | 68 | Proof where no attesting witness found | Same provision |
| 70 | Admission of execution by party to attested document | 69 | Admission of execution by party to attested document | Same provision |
| 71 | Proof when attesting witness denies the execution | 70 | Proof when attesting witness denies execution | Same provision |
| 72 | Proof of document not required by law to be attested | 71 | Proof of document not required by law to be attested | Same provision |
| 73 | Comparison of signature, writing or seal with others admitted or proved | 72 | Comparison of signature, writing or seal with others admitted or proved | Same provision |
| 73A | Proof as to verification of digital signature | 73 | Proof as to verification of digital signature | Same provision |
| 74 | Public documents | 74(1) | Public and private documents | Changed |
| 75 | Private documents | 74(2) | Public and private documents | Same provision |
| 76 | Certified copies of public documents | 75 | Certified copies of public documents | Same provision |
| 77 | Proof of documents by production of certified copies | 76 | Proof of documents by production of certified copies | Same provision |
| 78 | Proof of other official documents | 77 | Proof of other official documents | Changed |
| 79 | Presumption as to genuineness of certified copies | 78 | Presumption as to genuineness of certified copies | Same provision |
| 80 | Presumption as to documents produced as record of evidence | 79 | Presumption as to documents produced as record of evidence, etc | Same provision |
| 81 | Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents | 80 | Presumption as to Gazettes, newspapers, and other documents | Same provision |
| 81A | Presumption as to Gazettes in electronic forms | 81 | Presumption as to Gazettes in electronic or digital record | Changed |
| 82 | Presumption as to document admissible in England without proof of seal or signature | — | No corresponding provision | Omitted |
| 83 | Presumption as to maps or plans made by authority of Government | 82 | Presumption as to maps or plans made by authority of Government | Same provision |
| 84 | Presumption as to collections of laws and reports of decisions | 83 | Presumption as to collections of laws and reports of decisions | Same provision |
| 85 | Presumptions as to powers-of-attorney | 84 | Presumption as to powers-of-attorney | Same provision |
| 85A | Presumption as to electronic agreements | 85 | Presumption as to electronic agreements | Changed |
| 85B | Presumption as to electronic records and electronic signatures | 86 | Presumption as to electronic records and electronic signatures | Same provision |
| 85C | Presumption as to electronic signature certificates | 87 | Presumption as to Electronic Signature Certificates | Same provision |
| 86 | Presumption as to certified copies of foreign judicial records | 88 | Presumption as to certified copies of foreign judicial records | Same provision |
| 87 | Presumption as to books, maps and charts | 89 | Presumption as to books, maps and charts | Same provision |
| 88 | Presumption as to telegraphic messages | — | No corresponding provision | Omitted |
| 88A | Presumption as to electronic messages | 90 | Presumption as to electronic messages | Same provision |
| 89 | Presumption as to due execution, etc., of documents not produced | 91 | Presumption as to due execution, etc., of documents not produced | Same provision |
| 90 | Presumption as to documents thirty years old | 92 | Presumption as to documents thirty years old | Same provision |
| 90A | Presumption as to electronic records five years old | 93 | Presumption as to electronic records five years old | Same provision |
| 91 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | 94 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | Same provision |
| 92 | Exclusion of evidence of oral agreement | 95 | Exclusion of evidence of oral agreement | Same provision |
| 93 | Exclusion of evidence to explain or amend ambiguous document | 96 | Exclusion of evidence to explain or amend ambiguous document | Same provision |
| 94 | Exclusion of evidence against application of document to existing facts | 97 | Exclusion of evidence against application of document to existing facts | Same provision |
| 95 | Evidence as to document unmeaning in reference to existing facts | 98 | Evidence as to document unmeaning in reference to existing facts | Same provision |
| 96 | Evidence as to application of language which can apply to one only of several persons | 99 | Evidence as to application of language which can apply to one only of several persons | Same provision |
| 97 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | 100 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | Same provision |
| 98 | Evidence as to meaning of illegible characters, etc | 101 | Evidence as to meaning of illegible characters, etc | Changed |
| 99 | Who may give evidence of agreement varying terms of document | 102 | Who may give evidence of agreement varying terms of document | Same provision |
| 100 | Saving of provisions of Indian Succession Act relating to wills | 103 | Saving of provisions of Indian Succession Act relating to wills | Same provision |
| 101 | Burden of proof | 104 | Burden of proof | Same provision |
| 102 | On whom burden of proof lies | 105 | On whom burden of proof lies | Same provision |
| 103 | Burden of proof as to particular fact | 106 | Burden of proof as to particular fact | Same provision |
| 104 | Burden of proving fact to be proved to make evidence admissible | 107 | Burden of proving fact to be proved to make evidence admissible | Same provision |
| 105 | Burden of proving that case of accused comes within exceptions | 108 | Burden of proving that case of accused comes within exceptions | Same provision |
| 106 | Burden of proving fact especially within knowledge | 109 | Burden of proving fact especially within knowledge | Same provision |
| 107 | Burden of proving death of person known to have been alive within thirty years | 110 | Burden of proving death of person known to have been alive within thirty years | Same provision |
| 108 | Burden of proving that person is alive who has not been heard of for seven years | 111 | Burden of proving that person is alive who has not been heard of for seven years | Same provision |
| 109 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | Same provision |
| 110 | Burden of proof as to ownership | 113 | Burden of proof as to ownership | Same provision |
| 111 | Proof of good faith in transactions where one party is in relation of active confidence | 114 | Proof of good faith in transactions where one party is in relation of active confidence | Same provision |
| 111A | Presumption as to certain offences | 115 | Presumption as to certain offences | Same provision |
| 112 | Birth during marriage, conclusive proof of legitimacy | 116 | Birth during marriage, conclusive proof of legitimacy | Same provision |
| 113 | Proof of cession of territory | — | No corresponding provision | Omitted |
| 113A | Presumption as to abetment of suicide by a married woman | 117 | Presumption as to abetment of suicide by a married woman | Same provision |
| 113B | Presumption as to dowry death | 118 | Presumption as to dowry death | Same provision |
| 114 | Court may presume existence of certain facts | 119 | Court may presume existence of certain facts | Same provision |
| 114A | Presumption as to absence of consent in certain prosecution for rape | 120 | Presumption as to absence of consent in certain prosecution for rape | Changed |
| 115 | Estoppel | 121 | Estoppel | Same provision |
| 116 | Estoppel of tenants and of licensee of person in possession | 122 | Estoppel of tenants and of licensee of person in possession | Same provision |
| 117 | Estoppel of acceptor of bill of exchange, bailee or licensee | 123 | Estoppel of acceptor of bill of exchange, bailee or licensee | Same provision |
| 118 | Who may testify | 124 | Who may testify | Same provision |
| 119 | Witness unable to communicate verbally | 125 | Witness unable to communicate verbally | Same provision |
| 120 | Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial | 126 | Competency of husband and wife as witnesses in certain cases | Same provision |
| 121 | Judges and Magistrates | 127 | Judges and Magistrates | Same provision |
| 122 | Communications during marriage | 128 | Communications during marriage | Same provision |
| 123 | Evidence as to affairs of State | 129 | Evidence as to affairs of State | Same provision |
| 124 | Official communications | 130 | Official communications | Same provision |
| 125 | Information as to commission of offences | 131 | Information as to commission of offences | Same provision |
| 126 | Professional communications | 132 | Professional Communications | Same provision |
| 127 | Section 126 to apply to interpreters, etc | 132(3) | Professional Communications | Same provision |
| 128 | Privilege not waived by volunteering evidence | 133 | Privilege not waived by volunteering evidence | Same provision |
| 129 | Confidential communications with legal advisers | 134 | Confidential communication with legal advisers | Same provision |
| 130 | Production of title-deeds of witness not a party | 135 | Production of title-deeds of witness not a party | Same provision |
| 131 | Production of documents or electronic records which another person, having possession, could refuse to produce | 136 | Production of documents or electronic records which another person, having possession, could refuse to produce | Same provision |
| 132 | Witness not excused from answering on ground that answer will criminate | 137 | Witness not excused from answering on ground that answer will criminate | Same provision |
| 133 | Accomplice | 138 | Accomplice | Changed |
| 134 | Number of witnesses | 139 | Number of witnesses | Same provision |
| 135 | Order of production and examination of witnesses | 140 | Order of production and examination of witnesses | Same provision |
| 136 | Judge to decide as to admissibility of evidence | 141 | Judge to decide as to admissibility of evidence | Same provision |
| 137 | Examination-in-chief. Cross-examination. Re-examination | 142 | Examination of witnesses | Same provision |
| 138 | Order of examinations | 143 | Order of examinations | Same provision |
| 139 | Cross-examination of person called to produce a document | 144 | Cross-examination of person called to produce a document | Same provision |
| 140 | Witnesses to character | 145 | Witnesses to character | Same provision |
| 141 | Leading questions | 146(1) | Leading questions | Same provision |
| 142 | When they must not be asked | 146(2), 146(3) | Leading questions | Same provision |
| 143 | When they may be asked | 146(4) | Leading questions | Same provision |
| 144 | Evidence as to matters in writing | 147 | Evidence as to matters in writing | Same provision |
| 145 | Cross-examination as to previous statements in writing | 148 | Cross-examination as to previous statements in writing | Same provision |
| 146 | Questions lawful in cross-examination | 149 | Questions lawful in cross-examination | Same provision |
| 147 | When witness to be compelled to answer | 150 | When witness to be compelled to answer | Same provision |
| 148 | Court to decide when question shall be asked and when witness compelled to answer | 151 | Court to decide when question shall be asked and when witness compelled to answer | Same provision |
| 149 | Question not to be asked without reasonable grounds | 152 | Question not to be asked without reasonable grounds | Same provision |
| 150 | Procedure of Court in case of question being asked without reasonable grounds | 153 | Procedure of Court in case of question being asked without reasonable grounds | Same provision |
| 151 | Indecent and scandalous questions | 154 | Indecent and scandalous questions | Same provision |
| 152 | Questions intended to insult or annoy | 155 | Questions intended to insult or annoy | Same provision |
| 153 | Exclusion of evidence to contradict answers to questions testing veracity | 156 | Exclusion of evidence to contradict answers to questions testing veracity | Same provision |
| 154 | Question by party to his own witness | 157 | Question by party to his own witness | Same provision |
| 155 | Impeaching credit of witness | 158 | Impeaching credit of witness | Same provision |
| 156 | Questions tending to corroborate evidence of relevant fact, admissible | 159 | Questions tending to corroborate evidence of relevant fact, admissible | Same provision |
| 157 | Former statements of witness may be proved to corroborate later testimony as to same fact | 160 | Former statements of witness may be proved to corroborate later testimony as to same fact | Same provision |
| 158 | What matters may be proved in connection with proved statement relevant under section 32 or 33 | 161 | What matters may be proved in connection with proved statement relevant under section 26 or 27 | Same provision |
| 159 | Refreshing memory | 162 | Refreshing memory | Same provision |
| 160 | Testimony to facts stated in document mentioned in section 159 | 163 | Testimony to facts stated in document mentioned in section 162 | Same provision |
| 161 | Right of adverse party as to writing used to refresh memory | 164 | Right of adverse party as to writing used to refresh memory | Same provision |
| 162 | Production of documents | 165 | Production of documents | Changed |
| 163 | Giving, as evidence, of document called for and produced on notice | 166 | Giving, as evidence, of document called for and produced on notice | Same provision |
| 164 | Using, as evidence, of document production of which was refused on notice | 167 | Using, as evidence, of document production of which was refused on notice | Same provision |
| 165 | Judge's power to put questions or order production | 168 | Judge's power to put questions or order production | Changed |
| 166 | Power of jury or assessors to put questions | — | No corresponding provision | Omitted |
| 167 | No new trial for improper admission or rejection of evidence | 169 | No new trial for improper admission or rejection of evidence | Same provision |
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 with effect from 1 July 2024. Offences and proceedings that began before that date continue under the old law. "Changed" means the provision was carried over with modifications, so read the new text before relying on it. Source: concordance tables published by the National Crime Records Bureau (NCRB) on its Sankalan portal, compiled in the open dataset by GSMS-B (CC BY 4.0). For general reference only; verify with the bare Act.