BSA 2023 ↔ Evidence Act 1872 — Section Map
Every one of the 170 sections of the new Act, traced to its origin in the Indian Evidence Act, 1872. Tap any BSA section number to open its full explainer.
An editorial reference. This concordance is compiled from the lineage noted on each section page; the Bharatiya Sakshya Adhiniyam, 2023 does not itself contain an official concordance. Where a provision has no direct 1872 counterpart — chiefly the electronic-record additions — it is marked new. Where one BSA section consolidates several 1872 sections, a range (§§) is shown.
§ single 1872 origin§§ merges / spans severalcolour = BSA chapternew = no 1872 counterpart
| BSA 2023 | Provision | IEA 1872 |
|---|---|---|
| Chapter I · Preliminary §§ 1–2 | ||
| § 1 | Short title, application and commencement | § 1 |
| § 2 | Definitions | § 3 |
| Chapter II · Relevancy of Facts §§ 3–50 | ||
| § 3 | Evidence may be given of facts in issue and relevant facts | § 5 |
| § 4 | Relevancy of facts forming part of same transaction | § 6 |
| § 5 | Facts which are occasion, cause or effect | § 7 |
| § 6 | Motive, preparation and previous or subsequent conduct | § 8 |
| § 7 | Facts necessary to explain or introduce | § 9 |
| § 8 | Things said or done by conspirator in reference to common design | § 10 |
| § 9 | When facts not otherwise relevant become relevant | § 11 |
| § 10 | Facts enabling Court to determine amount of damages | § 12 |
| § 11 | Facts relevant when right or custom is in question | § 13 |
| § 12 | Facts showing existence of state of mind, or of body or bodily feeling | § 14 |
| § 13 | Facts bearing on question whether act was accidental or intentional | § 15 |
| § 14 | Existence of course of business when relevant | § 16 |
| § 15 | Admission defined | § 17 |
| § 16 | Admission by party to proceeding or his agent | § 18 |
| § 17 | Admissions by persons whose position must be proved | § 19 |
| § 18 | Admissions by persons expressly referred to by party to suit | § 20 |
| § 19 | Proof of admissions against persons making them | § 21 |
| § 20 | When oral admissions as to contents of documents are relevant | § 22 |
| § 21 | Admissions in civil cases when relevant | § 23 |
| § 22 | Confession caused by inducement, threat, coercion or promise | § 24 |
| § 23 | Confession to a police officer | §§ 25–27 |
| § 24 | Proved confession affecting a co-accused jointly tried | § 30 |
| § 25 | Admissions not conclusive proof, but may estop | § 31 |
| § 26 | Statements by a person dead or who cannot be found | § 32 |
| § 27 | Evidence in a former proceeding, when relevant later | § 33 |
| § 28 | Entries in books of account, when relevant | § 34 |
| § 29 | Entry in a public or electronic record made in performance of duty | § 35 |
| § 30 | Statements in maps, charts and plans | § 36 |
| § 31 | Statement as to a fact of public nature in Acts or notifications | § 37 |
| § 32 | Statements as to any law in law books, incl. electronic form | § 38 |
| § 33 | Evidence when a statement is part of a longer whole | § 39 |
| § 34 | Previous judgments to bar a second suit or trial | § 40 |
| § 35 | Judgments in rem (probate, matrimonial, admiralty, insolvency) | § 41 |
| § 36 | Judgments on public-nature matters (relevant, not conclusive) | § 42 |
| § 37 | Other judgments, when relevant | § 43 |
| § 38 | Fraud, collusion or incompetency to attack a judgment | § 44 |
| § 39 | Opinions of experts | § 45 |
| § 40 | Facts bearing upon opinions of experts | § 46 |
| § 41 | Opinion as to handwriting and signature | § 47 |
| § 42 | Opinion as to existence of general custom or right | § 48 |
| § 43 | Opinion as to usages, tenets, etc. | § 49 |
| § 44 | Opinion on relationship, when relevant | § 50 |
| § 45 | Grounds of opinion, when relevant | § 51 |
| § 46 | Character in civil cases, irrelevant to prove conduct | § 52 |
| § 47 | Good character of the accused, relevant in criminal cases | § 53 |
| § 48 | Rape shield — character or sexual history not relevant on consent | § 53A |
| § 49 | Bad character of the accused, not relevant except in reply | § 54 |
| § 50 | Character as affecting damages | § 55 |
| Chapter III · Facts which need not be proved §§ 51–53 | ||
| § 51 | Fact judicially noticeable need not be proved | § 56 |
| § 52 | Facts of which the Court shall take judicial notice | § 57 |
| § 53 | Facts admitted need not be proved | § 58 |
| Chapter IV · Of Oral Evidence §§ 54–55 | ||
| § 54 | Proof of facts by oral evidence | § 59 |
| § 55 | Oral evidence to be direct | § 60 |
| Chapter V · Of Documentary Evidence §§ 56–93 | ||
| § 56 | Proof of contents of documents | § 61 |
| § 57 | Primary evidence | § 62 |
| § 58 | Secondary evidence | § 63 |
| § 59 | Proof of documents by primary evidence | § 64 |
| § 60 | Cases in which secondary evidence may be given | § 65 |
| § 61 | Electronic or digital record | — new in the BSA |
| § 62 | Special provisions as to evidence relating to electronic record | — new in the BSA |
| § 63 | Admissibility of electronic records | § 65B |
| § 64 | Rules as to notice to produce | § 66 |
| § 65 | Proof of signature and handwriting | § 67 |
| § 66 | Proof as to electronic signature | § 67A |
| § 67 | Proof of execution of document required by law to be attested | § 68 |
| § 68 | Proof where no attesting witness found | § 69 |
| § 69 | Admission of execution by party to attested document | § 70 |
| § 70 | Proof when attesting witness denies execution | § 71 |
| § 71 | Proof of document not required by law to be attested | § 72 |
| § 72 | Comparison of signature, writing or seal with others admitted or proved | § 73 |
| § 73 | Proof as to verification of digital signature | § 73A |
| § 74 | Public and private documents | §§ 74–75 |
| § 75 | Certified copies of public documents | § 76 |
| § 76 | Proof of documents by production of certified copies | § 77 |
| § 77 | Proof of other official documents | § 78 |
| § 78 | Presumption as to genuineness of certified copies | § 79 |
| § 79 | Presumption as to documents produced as record of evidence | § 80 |
| § 80 | Presumption as to Gazettes, newspapers, and other documents | § 81 |
| § 81 | Presumption as to Gazettes in electronic or digital record | § 81A |
| § 82 | Presumption as to maps or plans made by authority of Government | § 83 |
| § 83 | Presumption as to collections of laws and reports of decisions | § 84 |
| § 84 | Presumption as to powers-of-attorney | § 85 |
| § 85 | Presumption as to electronic agreements | § 85A |
| § 86 | Presumption as to electronic records and electronic signatures | § 85B |
| § 87 | Presumption as to Electronic Signature Certificates | § 85C |
| § 88 | Presumption as to certified copies of foreign judicial records | § 86 |
| § 89 | Presumption as to books, maps and charts | § 87 |
| § 90 | Presumption as to electronic messages | § 88A |
| § 91 | Presumption as to due execution of documents not produced | § 89 |
| § 92 | Presumption as to documents thirty years old | § 90 |
| § 93 | Presumption as to electronic records five years old | § 90A |
| Chapter VI · Exclusion of Oral Evidence by Documentary Evidence §§ 94–103 | ||
| § 94 | Evidence of terms of contracts reduced to form of document | § 91 |
| § 95 | Exclusion of evidence of oral agreement | § 92 |
| § 96 | Exclusion of evidence to explain or amend ambiguous document | § 93 |
| § 97 | Exclusion of evidence against application of document to existing facts | § 94 |
| § 98 | Evidence as to document unmeaning in reference to existing facts | § 95 |
| § 99 | Evidence as to application of language which can apply to one only of several persons | § 96 |
| § 100 | Evidence as to application of language to one of two sets of facts | § 97 |
| § 101 | Evidence as to meaning of illegible characters, etc. | § 98 |
| § 102 | Who may give evidence of agreement varying terms of document | § 99 |
| § 103 | Saving of provisions of Indian Succession Act relating to wills | § 100 |
| Chapter VII · Of the Burden of Proof §§ 104–120 | ||
| § 104 | Burden of proof | § 101 |
| § 105 | On whom burden of proof lies | § 102 |
| § 106 | Burden of proof as to particular fact | § 103 |
| § 107 | Burden of proving fact to be proved to make evidence admissible | § 104 |
| § 108 | Burden of proving that case of accused comes within exceptions | § 105 |
| § 109 | Burden of proving fact especially within knowledge | § 106 |
| § 110 | Burden of proving death of person known to have been alive within thirty years | § 107 |
| § 111 | Burden of proving that person is alive who has not been heard of for seven years | § 108 |
| § 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | § 109 |
| § 113 | Burden of proof as to ownership | § 110 |
| § 114 | Proof of good faith in transactions where one party is in relation of active confidence | § 111 |
| § 115 | Presumption as to certain offences | § 111A |
| § 116 | Birth during marriage, conclusive proof of legitimacy | § 112 |
| § 117 | Presumption as to abetment of suicide by a married woman | § 113A |
| § 118 | Presumption as to dowry death | § 113B |
| § 119 | Court may presume existence of certain facts | § 114 |
| § 120 | Presumption as to absence of consent in certain prosecution for rape | § 114A |
| Chapter VIII · Estoppel §§ 121–123 | ||
| § 121 | Estoppel | § 115 |
| § 122 | Estoppel of tenant and of licensee of person in possession | § 116 |
| § 123 | Estoppel of acceptor of bill of exchange, bailee or licensee | § 117 |
| Chapter IX · Of Witnesses §§ 124–139 | ||
| § 124 | Who may testify | § 118 |
| § 125 | Witness unable to communicate verbally | § 119 |
| § 126 | Competency of husband and wife as witnesses in certain cases | § 120 |
| § 127 | Judges and Magistrates | § 121 |
| § 128 | Communications during marriage | § 122 |
| § 129 | Evidence as to affairs of State | § 123 |
| § 130 | Official communications | § 124 |
| § 131 | Information as to commission of offences | § 125 |
| § 132 | Professional communications | § 126 |
| § 133 | Privilege not waived by volunteering evidence | § 128 |
| § 134 | Confidential communication with legal advisers | § 129 |
| § 135 | Production of title-deeds of witness not a party | § 130 |
| § 136 | Production of documents or electronic records which another person could refuse to produce | § 131 |
| § 137 | Witness not excused from answering on ground that answer will criminate | § 132 |
| § 138 | Accomplice | § 133 |
| § 139 | Number of witnesses | § 134 |
| Chapter X · Of Examination of Witnesses §§ 140–168 | ||
| § 140 | Order of production and examination of witnesses | § 135 |
| § 141 | Judge to decide as to admissibility of evidence | § 136 |
| § 142 | Examination of witnesses | § 137 |
| § 143 | Order of examinations | § 138 |
| § 144 | Cross-examination of person called to produce a document | § 139 |
| § 145 | Witnesses to character | § 140 |
| § 146 | Leading questions | §§ 141–143 |
| § 147 | Evidence as to matters in writing | § 144 |
| § 148 | Cross-examination as to previous statements in writing | § 145 |
| § 149 | Questions lawful in cross-examination | § 146 |
| § 150 | When witness to be compelled to answer | § 147 |
| § 151 | Court to decide when question shall be asked and when witness compelled to answer | § 148 |
| § 152 | Question not to be asked without reasonable grounds | § 149 |
| § 153 | Procedure of Court in case of question being asked without reasonable grounds | § 150 |
| § 154 | Indecent and scandalous questions | § 151 |
| § 155 | Questions intended to insult or annoy | § 152 |
| § 156 | Exclusion of evidence to contradict answers to questions testing veracity | § 153 |
| § 157 | Question by party to his own witness | § 154 |
| § 158 | Impeaching credit of witness | § 155 |
| § 159 | Questions tending to corroborate evidence of relevant fact, admissible | § 156 |
| § 160 | Former statements of witness may be proved to corroborate later testimony as to same fact | § 157 |
| § 161 | What matters may be proved in connection with proved statement relevant under section 26 or 27 | § 158 |
| § 162 | Refreshing memory | §§ 159–160 |
| § 163 | Testimony to facts stated in document mentioned in section 162 | § 160 |
| § 164 | Right of adverse party as to writing used to refresh memory | § 161 |
| § 165 | Production of documents | §§ 162–163 |
| § 166 | Giving, as evidence, of document called for and produced on notice | § 164 |
| § 167 | Using, as evidence, of document production of which was refused on notice | § 166 |
| § 168 | Judge’s power to put questions or order production | § 165 |
| Chapter XI · Of Improper Admission and Rejection of Evidence § 169 | ||
| § 169 | No new trial for improper admission or rejection of evidence | § 167 |
| Chapter XII · Repeal and Savings § 170 | ||
| § 170 | Repeal and savings | — no IEA counterpart |
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