ACT NO. 47 OF 2023 · IN FORCE FROM 1 JULY 2024

Bharatiya Sakshya Adhiniyam, 2023

India’s law of evidence — it replaces the Indian Evidence Act, 1872, and governs which facts a court may look at, how they are proved, and who must prove them. Text as on 6 October 2025.

170 sections12 chaptersreplaces the Evidence Act, 1872

Read the Adhiniyam as three questions — every chapter answers one of them. Tap any § number to open that section.

Which facts may the court look at?

Chapter I

Preliminary

§§ 1–2 · 2 sections

Short title, application and commencement — and the definitions (“fact”, “evidence”, “proved”, “document”) the whole Act runs on.

§1 §2

Chapter II

Relevancy of Facts

§§ 3–50 · 48 sections

When one fact connects to another — res gestae, motive and conspiracy; admissions and confessions; dying declarations; judgments, expert opinion and character.

§3 §4 §5 §6 §7 §8 §9 §10 §11 §12 §13 §14 §15 §16 §17 §18 §19 §20 §21 §22 §23 §24 §25 §26 §27 §28 §29 §30 §31 §32 §33 §34 §35 §36 §37 §38 §39 §40 §41 §42 §43 §44 §45 §46 §47 §48 §49 §50

How are those facts proved?

Chapter III

Facts which need not be proved

§§ 51–53 · 3 sections

What needs no proof at all — facts the court judicially notices, and facts the parties admit.

§51 §52 §53

Chapter IV

Of Oral Evidence

§§ 54–55 · 2 sections

Every fact except the contents of a document may be proved by oral evidence — and oral evidence must be direct.

§54 §55

Chapter V

Of Documentary Evidence

§§ 56–93 · 38 sections

Documents and electronic records — primary and secondary evidence, certified copies, public documents, and the presumptions attached to them.

§56 §57 §58 §59 §60 §61 §62 §63 §64 §65 §66 §67 §68 §69 §70 §71 §72 §73 §74 §75 §76 §77 §78 §79 §80 §81 §82 §83 §84 §85 §86 §87 §88 §89 §90 §91 §92 §93

Chapter VI

Of the Exclusion of Oral Evidence by Documentary Evidence

§§ 94–103 · 10 sections

When the document is the only witness — its written terms shut out oral variation, subject to defined exceptions.

§94 §95 §96 §97 §98 §99 §100 §101 §102 §103

Who must prove them — and through whom?

Chapter VII

Of the Burden of Proof

§§ 104–120 · 17 sections

Who must prove what — the burden-of-proof rules, and the presumptions that shift the burden.

§104 §105 §106 §107 §108 §109 §110 §111 §112 §113 §114 §115 §116 §117 §118 §119 §120

Chapter VIII

Estoppel

§§ 121–123 · 3 sections

When your own declaration, act or omission closes your mouth — you cannot deny what you made another believe and act upon.

§121 §122 §123

Chapter IX

Of Witnesses

§§ 124–139 · 16 sections

Who may testify — competency of witnesses, and the privileges: spouses, affairs of State, professional communications.

§124 §125 §126 §127 §128 §129 §130 §131 §132 §133 §134 §135 §136 §137 §138 §139

Chapter X

Of Examination of Witnesses

§§ 140–168 · 29 sections

How testimony is actually taken — examination-in-chief, cross and re-examination, leading questions, impeaching credit, refreshing memory, the judge’s power to question.

§140 §141 §142 §143 §144 §145 §146 §147 §148 §149 §150 §151 §152 §153 §154 §155 §156 §157 §158 §159 §160 §161 §162 §163 §164 §165 §166 §167 §168

Chapter XI

Of Improper Admission and Rejection of Evidence

§ 169 · 1 section

A wrong ruling on admissibility is not, by itself, a ground for a new trial or reversal — unless it should have changed the result.

§169

Chapter XII

Repeal and Savings

§ 170 · 1 section

Repeals the Indian Evidence Act, 1872, while preserving its application to the listed matters pending immediately before commencement under section 170(2).

§170

The Schedule

Certificate under section 63(4)(c)

The complete statutory certificate, including Part A (Party) and Part B (Expert).

Read the Schedule

⚖ Bharatiya Sakshya Adhiniyam, 2023 — 170 sections in 12 chapters: the complete map of India’s law of evidence. IEA 1872 ↔ BSA Concordance · Law Tutorial Library