Act Comparison: Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023

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