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Indian Evidence Act, 1872

Each section with its equivalent in the Bharatiya Sakshya Adhiniyam, 2023.

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