Rahul’s IAS
changed to
“The Bharatiya
Sakshya Adhiniyam, 2023”
GENERAL NOTE –
o
In BSA, 2023
the term “Act” has been substituted with the term “Adhiniyam” in all sections.
OLD PREAMBLE |
NEW PREAMBLE |
CHANGES |
WHEREAS it is expedient to consolidate,
define and amend the law of Evidence; |
To
consolidate and to provide for general rules and principles of evidence for
fair trial. |
The word “define” and “amend”has been
omitted |
CHAPTER 1-PRELIMINARY |
||
OLD SECTION |
NEW SECTION |
CHANGES |
1. Short
title, extent and commencement- This Act may be called the Indian
Evidence Act, 1872. |
1.Short title,Applicationand
commencement- (1)ThisActmaybecalledthe BharatiyaSakshyaAdhiniyam,2023. |
The name of the Statue has been changed
to “Bharatiya Sakshya Adhiniyam,
2023” |
Extent––It extends to the whole of India
and applies to all judicial proceedings in or before any Court, including
Courts-martial, [other than Courts-martial convened under the Army Act (44
& 45 Vict., c. 58)] [the Naval Discipline Act [29 & 30 Vict., 109];
or the Indian Navy (Discipline) Act, 1934 (34 of 1934),] [or the Air Force
Act (7 Geo. 5, c. 51)] but not to affidavits presented to any Court or
officer, nor to proceedings before an arbitrator; Commencement of Act––And it shall come
into force on thefirst day of September, 1872 |
(2) It shall apply to all judicial proceedings
in or before any Court, including Courts-martial, but not to affidavits
presented to any Court or officer, nor to proceedings before an arbitrator. (3) It shall come into force on such date as
the Central Government may, by notification, appoint. |
The phrases “It extends to the whole of
India” ,“Other than court-martial convened under Army Act”, “The Naval
Discipline Act”, “the Indian Discipline Act, 1934 or the Air Force Act” are omitted. |
2. Repeals of
Enactments |
|
Omitted |
3.
Interpretation Section |
2.
Definitions |
Marginal heading changed |
OLD SECTION |
NEW SECTION |
CHANGES |
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In this Act the following words and
expressions are used in the following senses, unless a contrary intention
appears from the context. |
(1) In this Adhiniyam, unless the context otherwise requires— |
The word “act”
changed to “Adhiniyam” Definitions in
paragraphs changed to sections. Sub-section
(a) – (m). “Unless the contextotherwise requires” has been used. |
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“document” means any matter expressed or described or
otherwise recorded upon any substance by means of letters, figures or any
other means or by more than one of those means, intended to be used, or which
may be used, for the purpose of recording that matter. |
(d) “document” means any matter expressed or described or
otherwise recorded upon any substance by means of letters, figures or any
other means or by more than one of those means, intended to be used, or which
may be used, for the purpose of recording that matter and includes electronic and
digital records. |
The phrase “and includes electronic and
digital records” has been added. Illustration (vi) has
been added. An electronic record on
emails, server logs, documents on computer, laptop or smartphone, messages,
websites, locational evidence and voice mail messages stored on digital
devices are documents. |
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“evidence” means and includes – (1) all statements which the court permits or
requires to be made before it by witnesses, in relation to matters of fact
under inquiry, such statements are called oral evidence. (2) all documents including electronic
records produced for the inspection of the court |
S. 2 (e) “evidence” means and includes– (i) all statements including statementsgiven
electronically which the court permits or requires to be made before
it by witnesses in relation to matters of fact under inquiry and such
statements or information are called oral evidence (ii) all documents including electronic or
digital records produced for the inspection of the court and such
documents are called documentary evidence. |
The term “including statements given electronically”
has been added in S. 2(i) The word “or digital records” has been
added in sub-section (ii). |
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S. 3 “fact” |
S. 2(f) “fact” |
Illustration (e) Omitted |
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S. 3 “Fact in issue” |
S. 2(g) “fact in issue” |
|
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S. 3 “relevant” – one fact is said to be
relevant to another when the one is connected with the other in any of the
ways referred to in the provisions of this Act relating to the relevancy of
facts. |
S.2(K) relevant – a fact is said to be relevant
to another when it is connected with the other in any of the ways referred to
in the provisions of this Adhiniyam relating to the relevancy of facts. |
The word “when the one” is changed to “it
is”. |
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[the expressions
“Certifying Authority”, “electronic signature]”, Electronic Signature
Certificate, “electronic form”, “electronic records”, “information”, “secure
electronic record”, “secure digital signature” and “subscriber” shall have
the meanings respectively assigned to them in the Information Technology Act,
2000 (21 of 2000). |
(2) Words and expressions used herein and not
defined but defined in the Information Technology Act, 2000, Bharatiya
Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 shall have
the same meanings as assigned to them in the said Act and Sanhita. |
Paragraph added as S. 2 (2). |
||||||||||||||||||||||||||||
NEW CHANGES
IN SECTION 2 of BSA 2023. |
|
Definition for
“India” omitted. Section (b) “conclusive proof”; Section (h)
“may presume”; Section (l) “shall presume”
has been added as definition u/s 2, BSA 2023 and removed from S. 4 of IEA,
1872. |
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4. “may presume”, “shall presume”,
“conclusive proof” |
S. 2(b) “conclusive proof”; Section2(h) “may presume”; Section2(l) “shall presume” |
Added under Section 2 of BSA, 2023. |
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CHAPTER II-RELEVANCY
OF FACTS |
||||||||||||||||||||||||||||||
5. Evidence
may be given of facts in issue and relevant facts. |
3. Evidence
may be given of facts in issue and relevant facts. |
|
||||||||||||||||||||||||||||
6. Relevancy
of facts Forming part of same transaction – Facts which though not in issue, are so connected
with a fact in issue as to form part of same transaction, are relevant,
whether they occurred at the same time and place or at different times and
places. |
4. Relevancy
of facts forming part of same transaction - Facts which though not in issue, are so connected
with a fact in issue or a relevant fact as to form part
of same transaction, are relevant, whether they occurred at the same time and
place or at different times and places. |
The phrase “or a relevant fact” has been added in BSA 2023. |
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7. Facts which are the occasion, cause or
effects or facts in issue - |
5. Facts
which are the occasion, cause or effect of facts in issue or relevant facts - |
The phrase “or relevant fact” has been
added in the marginal heading. |
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8. Motive, preparation and previous or
subsequent conduct - |
6. Motive, preparation and previous or
subsequent conduct. |
Paragraphs are now divided into sub-sections
(1) and (2). In illustration (j) of BSA, 2023 the term “ravished” has been
changed to “raped” and S. 32 clause (1) IEA, 1872 to S. 26 clause (a)of BSA,
2023 and Section 157 of IEA, 1872 to S. 160 of BSA, 2023. Similar changes have been made in
illustration (k) as well. |
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9. Facts necessary to explain or
introduce relevant facts. |
7. Facts
necessary to explain or introduce fact
in issue or relevant fact. |
The term “fact in issue” has been added
in the marginal heading. |
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10. Things
said or done by conspirator in reference to common design. Illustration - Reasonable ground exists
for believing that A has joined in a conspiracy to wage war against the
Government of India. The facts
that B procured arms in Europe for the purpose of the conspiracy, C collected
money in Calcutta for a like object, D persuaded persons to join the
conspiracy in Bombay, E published writings advocating the object in view at
Agra, and F transmitted from Delhi to G at Kabul the money which C had
collected at Calcutta, and the contents of a letter written by H giving an
account of the conspiracy, are each relevant, both to prove the existence of
the conspiracy, and to prove A’s complicity in it, although he may have been
ignorant of all of them, and although the persons by whom they were done were
strangers to him, and although they may have taken place before he joined the
conspiracy or after he left it. |
8. Things
said or done by conspirator in reference to common design. Illustration - Reasonable ground exists
for believing that A has joined in a conspiracy to wage war against the
State. The facts that B procured arms in Europe
for the purpose of the conspiracy, C collected money in Kolkata for a like
object, D persuaded persons to join the conspiracy in Mumbai, E published
writings advocating the object in view at Agra, and F transmitted from Delhi
to G at Singapore the money which C had collected at Kolkata, and the
contents of a letter written by H giving an account of the conspiracy, are
each relevant, both to prove the existence of the conspiracy, and to prove
A's complicity in it, although he may have been ignorant of all of them,and
although the persons by whom they were done were strangers to him, and
although they may have taken place before he joined the conspiracy or after
he left it. |
In the first illustration, Government of
India changed to “State”. In the second illustration, name of places
have changed i.e., Bombay changed to Mumbai, Kabul to Singapore, Calcutta to
Kolkata. |
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11. When
facts not otherwise relevant become relevant. |
9. Facts not
otherwise relevant are relevant |
The word “When” has been removed from
marginal heading. In illustration (a), name of placechanged
from Chennai and Ladakh. |
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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. |
Marginal heading
changed. |
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13. Facts
relevant when right or custom is in Question |
11. Facts
relevant when right or custom is in question. |
No change |
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14. Facts showing existence of state of
mind, or of body or bodily feeling. |
12. Facts
showing existence of state of mind, or of body or bodily feeling. |
Illustration (n), the
word “carriage” changed to “car”. |
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15. Facts bearing on question whether act
was accidental or intentional. |
13. Facts
bearing on question whether act was accidental or intentional. |
No change |
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16. Existence
of course of business when relevant. |
14. Existence of course of business when
relevant |
Illustration (b) – “Dead Letter Office”
changed to “Return Letter Office”. |
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17. Admission
defined |
15. Admission
defined |
No change |
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18. Admission
by a party to proceeding or his agent - |
16. Admission by party to proceeding or
his agent – |
The paragraphs
changed to sections. The headings of
paragraphs, “by suitor in representative character”, “by a party interested
in subject”, “person from whom interest derived” removed. |
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19. Admission
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. |
No change |
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20.
Admissions by persons expressly referred to by the party to suit. |
18.
Admissions by persons expressly referred to by party to suit. |
No change |
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21. Proof of
admissions against person making them and by or on their behalf. |
19. Proof of
admissions against persons making them, any by or on their behalf. |
In Sub-section
(1), “Section 32” of IEA, 1872, changed to “Section 26” of BSA, 2023. In Illustration (b) – Section 32 of IEA,
1872 clause (2) changed to Section 26 clause
(b) of BSA, 2023. In Illustration
(c), name of place has been changed, Bombay to Calcutta, Lahore to Chennai,
Lahore to Chennai and Section 32clause (2) of IEA, 1872 to Section 26 clause
(b) of BSA, 2023. |
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22. When oral admissions as to contents
of documents are relevant. |
20. When oral admissions as to contents
of documents are relevant. |
Change in the
name of places given in the illustration. |
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22A. When
oral admissions as to contents of electronic records are relevant. |
|
Omitted |
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23.
Admissions in civil cases when relevant. Explanation – Nothing
in this section shall be taken to exempt any barrister, pleader or attorney
or vakil from giving evidence of any matter of which he may be compelled to
given evidence under Section 126. |
21.
Admissions in civil cases when relevant. Explanation – Nothing in this section shall be taken to exempt any advocate
from giving evidence of any matter of which he may be compelled to
give evidence under sub-section (1) and (2) of section 132. |
The words “barrister, pleader or attorney
or vakil” replaced with “advocate”. Section 126 of IEA, 1872 replaced with
“Sub-section (1) and (2) of Section 132” of BSA, 2023. |
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24.
Confession caused by inducement, threat or promise, when irrelevant in
criminal proceedings |
22. Confession caused by inducement, threat, coercion
or promise, when irrelevant in criminal proceeding Provided that if the confession is made after the
impression caused by any such inducement, threat, coercion or promise has, in
the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is
otherwiserelevant, it does not become irrelevant merely because it was made
under a promise of secrecy, or in consequence of a deception practised on the
accused person for the purpose of obtaining it, or when he was drunk, or because itwas made in answer to
questions which he need not have answered, whatever may have been the form of
those questions, or because he was not warned that he was not bound to make
such confession, and that evidence of it might be given against him. |
The word “coercion” added in marginal
heading and in main paragraph. Section 28 and Section 29 IEA, 1872 added as provisos under Section
22 BSA, 2023. |
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25.
Confession to police officer not to be proved – No confession made to a police officer shall be
proved as against a person accused of any offence. |
23.
Confession to Police officer - (1) No confession made to a police officer
shall be proved as against a person accused of any offence. (2)
No confession made by any person while he
is in the custody of a police officer, unless it is made in the immediate
presence of a Magistrate shall be proved against him: Provided that
when any fact is deposed to as discovered in consequence of information
received from a person accused of any offence, in the custody of a police
officer, so much of such information, whether it amounts to a confession or
not, as relates distinctly to the fact discovered, may be proved. |
Section 26 IEA, 1872 added as sub-section
(2) of Section of 23 BSA, 2023 and Section 27, IEA 1872 added as Proviso to
S. 23, BSA 2023. |
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26.
Confession by accused while in custody of police not to be proved against him |
23.
Confession to police officer (1) No confession made to a police officer
shall be proved as against a person accused of any offence. (2) No
confession made by any person while he is in the custody of a police officer,
unless it is made in the immediate presence of a Magistrate shall be proved
against him: Provided that
when any fact is deposed to as discovered in consequence of information
received from a person accused of any offence, in the custody of a police
officer, so much of such information, whether it amounts to a confession or
not, as relates distinctly to
the fact discovered, may be proved. |
Added under Section 23(2) BSA, 2023. Explanation to Section 26, IEA 1872 omitted. |
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27. How much
of information received from accused may be proved |
Added as Proviso to Section 23, BSA 2023. |
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28.
Confession made after removal of impression caused by inducement, threat or
promise relevant.– |
22.Confessioncausedby inducement,threat,coercionorpromise,whenirrelevantincriminalproceeding Aconfessionmadebyanaccusedpersonisirrelevantinacriminalproceeding,ifthemakingoftheconfessionappearstotheCourttohavebeencausedbyanyinducement,threat,coercionorpromisehavingreferencetothechargeagainsttheaccusedperson,proceedingfromapersoninauthorityandsufficient,intheopinionoftheCourt,togivetheaccusedpersongroundswhichwould
appear to him reasonable
forsupposingthatbymakingithewouldgainanyadvantageoravoidanyevilofatemporalnatureinreference
to the proceedings against him: Provided that if the
confession ismade after the impression caused by any such inducement,
threat,coercionorpromisehas,intheopinionoftheCourt,beenfullyremoved,itisrelevant: Providedfurtherthatifsuchaconfessionisotherwiserelevant,itdoesnotbecomeirrelevantmerelybecauseitwasmadeunder
a promise of secrecy, or
inconsequenceofadeceptionpractisedontheaccusedpersonfor the purpose of
obtaining it, orwhen he was drunk, or because itwas made in answer to
questionswhich he need not have answered,whatever may have been the formof
those questions, or because hewas not warned that he was
notboundtomakesuchconfession,andthatevidenceofitmightbegivenagainsthim. |
AddedasS.22proviso1,BSA2023. |
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29.
Confession otherwise relevant not to become irrelevant because of promise of
secrecy, etc. |
AddedasS.22proviso2,BSA2023. |
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30. Consideration of Proved confession
affecting person making it and other jointly under trial for same offence |
24.Consideration of proved confession affecting
person making it and others jointly under trial for same offence -
Explanation I—"Offence", as used in this section, includes the
abetment of, or attempt to commit, the offence. Explanation II—A trial of more persons
than one held in the absence of the accused who has absconded or who fails to
comply with a proclamation issued under section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of
this section. |
Explanation II has been newly added u/s 24 BSA 2023. |
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31. Admissions not conclusive proof, but
may estop |
25. Admission not conclusive proof, but
may estop |
No change |
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32. Cases in
which statement of relevant fact by person who is dead or cannot be found,
etc., is relevant |
26. Cases in
which statements of facts in issue or relevant fact by person who is
dead cannot be found, etc., is relevant |
The headings have been removed from sub-sections. In section 26(g) of BSA, 2023, section
11(a) is mentioned. |
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33. Relevancy
of certain evidence for proving, in subsequent proceedings, the truth of the
facts therein stated. |
27. Relevancy of certain evidence for
proving, in subsequent proceedings, the truth of the facts therein stated. |
No change |
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34. Entries
in books of account, including those maintained in anelectronic form when
relevant |
28. Entries
in books of account when relevant. |
Marginal heading changed. |
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35. Relevancy
of entry in public record or an electronic record made in performance of
duty. |
29. Relevancy
of entry in public record or an electronic record made in performance of
duty |
No change |
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36. Relevancy
of statements in maps, charts and plans. |
30. Relevancy
of statements in maps, charts and plans. |
No change |
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37. Relevancy
of statement as to fact of public nature, contained in certain Acts or
notifications. When the
Court has to form an opinion as to the existence of any fact of a public
nature, any statement of it, made in a recital contained in any Act
ofParliament of the United Kingdom or in any Central Act, Provincial Act or a
State Act or in a Government notification or notification by the Crown
Representative appearing in the Official Gazette or in any printed paper
purporting to be the London Gazette or the Government Gazette of any
Dominion, colony or possession of his Majesty is a relevant fact. |
31. Relevancy
of statement as to fact of public nature contained in certain Acts or
notifications. When the
Court has to form an opinion as to the existence of any fact of a public
nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central
Government or State Government notification appearing in the respective
Official Gazette or in any printed paper or in electronic or digital form
purporting to be such Gazette, is a relevant fact. |
The words “Act of Parliament of the
United Kingdom”,“Provincial Act” “Crown Representative”, “London Gazette or
the Government Gazette of any Dominion, colony or possession of his Majesty” are
omitted in section 31BSA, 2023. The words “or in electronic or digital
form purporting to be such Gazette” are added. |
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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
digitalform. When the Court has to form an opinion as
to a law of any country, any statement of such law contained in a book
purporting to be printed or published including in electronic or digital form under
the authority of the Government of such country and to contain any such law,
and any report of a ruling of the Courts of such country contained in a book including
in electronic or digital form purporting to be a report ofsuch
rulings, is relevant. |
The words “including electronic or
digital form” added in marginal heading. The words “including electronic or
digital form” added in main paragraph. |
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39. What evidence to be given when
statement forms part of a conversation, document, electronic record, book or
series of letter or papers. |
33. What evidence to be given when
statement forms part of a conversation, document, electronic record, book or
series or letters or papers. |
No change |
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40. Previous
Judgements relevant to bar a second suit or trial. |
34. Previous
Judgements, relevant to bar a second suit or trial. |
No change |
||||||||||||||||||||||||||||
41. Relevancy
of certain judgements in probate etc., jurisdiction. |
35. Relevancy
of certain judgements in probate, etc., jurisdiction. |
The word “or
tribunal” added in main paragraph of Section 35(1) BSA, 2023. Paragraphs divided
into sub-sections |
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42. Relevancy
and effect of judgements, orders or decrees, other than those mentioned in
Section 41. |
36. Relevancy
and effect of judgements, orders or decrees, other than those mentioned in Section
35. |
In the marginal heading, Section 41 IEA
1872 substituted with Section 35BSA 2023. |
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43. Judgements, etc., other than those
mentioned in sections 40 to 42, when relevant. |
37.
Judgements, etc., other than those mentioned in Section 34, 35 and 36 when
relevant. |
Sections 40 - 42 of IEA, 1872 in marginal
heading changed to Section 34, 35 and 36 of BSA, 2023. Sections 40, 41 and 42 of IEA, 1872
changed to Sections 34, 35 and 36 of BSA 2023 in main paragraph. Illustration (b) relating to adultery has
been deleted. |
||||||||||||||||||||||||||||
44. Fraud or
collusion in obtaining judgement or incompetency of Court,may be proved. |
38. Fraud or
collusion in obtaining judgement, or incompetency of Court, may be proved. |
Sections 40, 41 and 42 of IEA 1872
changed to Sections 34, 35 and 36 of BSA, 2023. |
||||||||||||||||||||||||||||
45. Opinions
of Experts |
39. Opinions
of Experts Illustrations. (a) The question is, whether the death of A
was caused by poison. The opinions of experts as to the symptoms produced by
the poison by which A is supposed to have died, are relevant. (b)
The question is, whether A, at the time
of doing a certain act, was, by reason of unsoundness of mind, incapable of
knowing the nature of the act, or that he was doing what was either wrong or
contrary to law. The opinions of experts upon the question whether the
symptoms exhibited by A commonly show unsoundness of mind, and whether such
unsoundness of mind usually renders persons incapable of knowing the nature
of the acts which they do, or of knowing that what they do is either wrong or
contrary to law, are relevant. (c)
The question is, whether a certain
document was written by A. Another
document is produced which is proved or admitted to have been written by A.
The opinion of experts on the question whether the two documents were written
by the same person or by different persons, are relevant. (2) When in a
proceeding, the court has to form an opinion on any matter relating to any
information transmitted or stored in any computer resource or any other
electronic or digital form, the opinion of the Examiner of Electronic
Evidence referred to in section 79A of the Information Technology Act, 2000,
is a relevant fact. Explanation
—For the purposes of this sub-section, an Examiner ofElectronic Evidence
shall be an expert. |
Paragraph changed to sub-sections. Section 45A IEA, 1872
added as Section 39 (2) of BSA 2023 along with explanation and illustration. |
||||||||||||||||||||||||||||
45A. Opinion
of Examiner of Electronic Evidence. |
|
Added as section 39(2) BSA, 2023 |
||||||||||||||||||||||||||||
46. Facts bearing upon opinions of
experts. |
40. Facts
bearing upon opinions of experts. |
No changes |
||||||||||||||||||||||||||||
47. Opinion as to handwriting, when relevant. |
41. Opinion
as to handwriting and signature, when relevant. |
The words “And
signature” added in marginal heading of section 41 of BSA, 2023. In Illustration – “London” changed to
Itanagar and “Calcutta” changed to “Bengaluru”. Section 47A of the Evidence Act has been
added to Section 41(2) of BSA 2023. |
||||||||||||||||||||||||||||
47A. Opinion
as toelectronic signature when relevant |
|
Added to Section 41(2) BSA, 2023. |
||||||||||||||||||||||||||||
48. Opinion
as to existence of right or custom, when relevant |
42. Opinion
as to existence of general custom or right, when relevant. |
The word “general” added in marginal
heading of section 42 of BSA, 2023. |
||||||||||||||||||||||||||||
49. Opinions
as to usages, tenets, etc., when relevant |
43. Opinion
as to usages, tenets, etc., when relevant |
Paragraph changed to clauses such as
(i),(ii) and (iii). |
||||||||||||||||||||||||||||
50. Opinion on relationship, when
relevant Provided that such opinion shall not be
sufficient to prove a marriage in proceedings under the Indian Divorce Act,
1869 or in prosecution under Section 494, 495, 497 or 498 of the Indian Penal
Code. |
44. Opinion
on relationship, when relevant Provided that such opinion shall not be
sufficient to prove a marriage in proceedings under the Divorce Act, 1869 or in
prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023 |
|
||||||||||||||||||||||||||||
51. Grounds
of opinion, when relevant |
45. Grounds
of opinion, when relevant |
No change |
||||||||||||||||||||||||||||
52. In civil
cases character to prove conduct imputed, irrelevant |
46. In civil
cases, character to prove conduct imputed, irrelevant |
No change |
||||||||||||||||||||||||||||
53. In
criminal cases, previous good character relevant |
47. In
criminal cases, previous good character relevant |
No change |
||||||||||||||||||||||||||||
53A. Evidence of character or previous
sexual experience not relevant in certain cases. – In a
prosecution for an offence under Section 354, 354 A, 354 B, 354 C, 354 D, 376, 376 A,
376AB, 376 C, 376D, 376 DA, 376 DB or 376 E of the Indian Penal Code, 1860, or
for attempt to commit any such offence, where the question of consent is in
issue, evidence of the character of the victim or of such person's previous
sexual experience with any person shall not be relevant on the issue of such
consent or the quality of consent. |
48. Evidence
of character or previous sexual experience not relevant in certain cases – In a prosecution for an offence under Section
64, section 65, section 66,section 67, section 68, section 69, section 70,
section 71,section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nagarik Suraksha Sanhita,
2023 or for attempt to commit any such offence, where the question of
consent is in issue, evidence of the character of the victim or of such
person's previous sexual experience with any person shall not be relevant on
the issue of such consent or the quality of consent. |
|
||||||||||||||||||||||||||||
54. Previous
bad character not relevant, except in reply |
49. Previous
bad character not relevant, except in reply |
No change |
||||||||||||||||||||||||||||
55. Character
as affecting damages |
50. Character as affecting damages |
In explanation, sections 52, 53 and 54 of
IEA, 1872 changed to sections 46,47,49 of BSA, 2023. |
||||||||||||||||||||||||||||
CHAPTER III-FACTS
WHICH NEED NOT BE PROVED |
||||||||||||||||||||||||||||||
56. Fact judicially noticeable need not
be proved |
51. Fact
judicially noticeable need not be proved |
No change |
||||||||||||||||||||||||||||
57. Facts of
which court must take judicial notice – The Court shall take judicial notice of the
following facts: ––(1) All laws in force in the territory of India; (2) All public Acts passed or hereafter to be
passed by Parliament [of the United Kingdom], and all local and personal Acts
directed by Parliament of the United Kingdom] to be judicially noticed; (3) Articles of War for the Indian Army [Navy
or Air Force] (4) The course of proceeding of Parliament of
the United Kingdom, of the Constituent Assembly of India, of Parliament and
of the legislatures established under any laws for the time being in force in
a Province or in the States (5) The accession and the sign manual of the
Sovereign for the time being of the United Kingdom of Great Britain and
Ireland; (6) All seals of which English Courts take
judicial notice: the seals of all the [Courts in India and of all Courts out
of India established by the authority of the Central Government or the Crown
Representative; the seals of Courts of Admiralty and Maritime Jurisdiction
and of Notaries Public, and all seals which any person is authorized to use
by the Constitution or an Act of Parliament of the United Kingdom or an Act
or Regulation having the force of law in India; (7) The accession to office, names, titles,
functions, and signatures of the persons filling for the time being any
public office in any State, if the fact of their appointment to such office
is notified in any official gazette. (8) The existence, title and national flag of
every State or Sovereign recognised by the Government of India; (9) The divisions of time, the geographical
divisions of the world, and public festivals, fasts and holidays notified in
the Official Gazette; (10) The territories under the dominion of[the
Government of India]; (11)
The commencement,
continuance and termination of hostilities between the Government of India
and any other State or body of persons; (12)
The names of
the members and officers of the Court, and of their deputies and subordinate
officers and assistants, and also of all officers acting in execution of its
process, and of all advocates, attorneys, proctors, vakils, pleaders and
other persons authorised by law to appear or act before it; (13) The rule of the road on land or at
sea. In all these cases and also on all matters of public history,
literature, science or art, the Court may resort for its aid to appropriate
books or documents of reference. If the Court is called upon by any person
to take judicial notice of any fact, it may refuse to do so unless and until
such person produces any such book or document as it may consider necessary
to enable it to do so. |
52. Facts of which courts shall take
judicial notice (1) The Court
shall take judicial notice of the following facts, namely: — (a) all laws in
force in the territory of India including laws having extra- territorial operation; (b)
international
treaty, agreement or convention with country or countries by India, or
decisions made by India at the international associations or other bodies; (c)
the course of proceeding of the Constituent Assembly of India, of
Parliament of India and of the State Legislatures; (d) the seals of all Courts and Tribunals; (e) the seals of Courts of Admiralty and
Maritime Jurisdiction, Notaries Public, and all seals which any person is
authorized to use by the Constitution, or by an Act of Parliament or State
Legislatures, or Regulations having the force of law in India; (f)
the accession
to office, names, titles, functions, and signatures of the persons filling
for the time being any public office in any State, if the fact of their
appointment to such office is notified in any Official Gazette; (g)
the existence, title and national flag of
every country or sovereign recognized by the Government of India; (h)
the divisions of time, the geographical
divisions of the world, and public festivals, fasts and holidays notified in
the Official Gazette; (i)
the territory
of India; (j)
the commencement, continuance and
termination of hostilities between the Government of India and any other country or body of persons; (k)
the names of the members and officers of
the Court, and of their deputies and subordinate officers and assistants, and
also of all officers acting in execution of its process, and of advocates and other persons
authorized by law to appear or act before it; (l)
the rule of the road or land or at sea. (2) In the cases
referred to in sub- section (1) and also on all matters of public history,
literature, science or art, the Court may resort for its aid to appropriate
books or documents of reference and if the Court is called upon by any person
to take judicial notice of any fact, it may refuse to do so unless and until
such person produces any such book or document as it may consider necessary
to enable it to do so. |
The word “must” changed to “shall” in the
marginal heading. Sub-Sections (1)- (13) of IEA, 1872
changed to (a) – (k) of BSA, 2023. Sub-section (1) – the phrase “including
laws having extra-territorial operation” added. Sub-section (2) changed and Sub-section
(3) omitted. Sub-section
(4) – “the Parliament of the United Kingdom” omitted and “of the legislatures
established under any laws for the time being in force in a Province or in
the States” substituted with “of the State Legislatures” Clause (i)is added. |
||||||||||||||||||||||||||||
58. Facts
admitted need not be proved |
53. Facts
admitted need not be proved |
No change |
||||||||||||||||||||||||||||
CHAPTER IV-OF ORAL
EVIDENCE |
||||||||||||||||||||||||||||||
59. Proof of
facts by oral evidence |
54. Proof of
facts by oral evidence |
No change |
||||||||||||||||||||||||||||
60. Oral
evidence must be direct |
55. Oral
evidence to be direct |
The word “must” isomitted from marginal
heading of section 55 of BSA, 2023. The word “Must” changed to “shall” in the
main paragraph. |
||||||||||||||||||||||||||||
CHAPTER V-OF
DOCUMENTARY EVIDENCE |
||||||||||||||||||||||||||||||
61. Proof of
contents of documents |
56. Proof of contents of documents |
No change |
||||||||||||||||||||||||||||
62. Primary
Evidence |
57. Primary
Evidence – Explanation 4 —Where an electronic or digital record
is created or stored, and such storage occurs simultaneously or sequentially
in multiple files, each such file is primary evidence. Explanation 5
—Where an electronic or digital record is produced from proper custody, such
electronic and digital record is primary evidence unless it is disputed. Explanation 6 —Where a
video recording is simultaneously stored in electronic form and transmitted
or broadcast ortransferred to another, each of the stored recordings is
primary evidence. Explanation 7—Where an
electronic or digital record is stored in multiple storage spaces in a
computer resource, each such automated storage, including temporary files, is
primary Evidence. |
Explanations 4, 5, 6 and 7 are inserted
to section 57 of BSA, 2023 which were not present in section 62 of IEA, 1872.
|
||||||||||||||||||||||||||||
63. Secondary
Evidence |
58. Secondary
Evidence Clauses (vi), (vii) and (viii) are added
to section 58 BSA, 2023. (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the
original of which consists of numerous accounts or other documents which
cannot conveniently be examined in Court, and who is skilled in
theexamination of such documents. |
The term “means” omitted from main paragraph. Clauses (vi), (vii) and (viii) are insertedto
section 58of BSA, 2023. |
||||||||||||||||||||||||||||
64. Proof of
documents by primary evidence |
59. Proof of
documents by primary evidence |
The word “must” has been changed to
“shall” in the main paragraph of section 59 of BSA 2023. |
||||||||||||||||||||||||||||
65. Cases in which secondary evidence relating to
documents may be given. |
60. Cases in
which secondary evidence relating to documents may be given. |
Section 64 of BSA, 2023 has been
mentioned in section 60(a)(iii), instead of section 66 of IEA, 1872. |
||||||||||||||||||||||||||||
65A. Special
provisions as to evidence relating to electronic record |
62. Special
provisions as to evidence relating to electronic record. |
Section 63 of BSA, 2023 has been
mentioned in section 62 of BSA, 2023.
|
||||||||||||||||||||||||||||
|
61. Electronic
or digital record – Nothing in this Adhiniyam shallapply to
deny the admissibility of anelectronic or digital record in theevidence on
the ground that it is anelectronic or digital record and suchrecord shall
have the same legaleffect, validity and enforceability aspaper records. |
S. 61 BSA 2023 has been newly introduced
which was earlier not present in the IEA ,1872. |
||||||||||||||||||||||||||||
S. 65B
Admissibility of electronic records. |
S. 63 Admissibility of electronic records - “…… (2)
The conditions referred to in sub-section (1) in respect of a computer output
shall be the following, namely:— (a)
the computer output containing the information was produced by the computer
or communication device during the period over which the computer was used
regularly to create, store or process information for the purposes of any
activity regularly carried on over that period by the person having lawful
control over the use of the computer or communication device; (b)
during the said period, information of the kind contained in the electronic
record or of the kind from which the information so contained is derived was
regularly fed into the computer or Communication device in the ordinary
course of the said activities; (d)the information contained in the electronic record reproduces
or is derived from such information fed into the computer in the ordinary
course of the said activities. Explanation - all the computers used for
that purpose during that period shall be treated for the purposes of this
section as constituting a single computer or communication device; and
references in this section to a computer or communication device shall be
construed accordingly. |
The words “or
semiconductor memory” and “or any communication device” are added to section
63(1) of BSA, 2023. In section 63(2)(b),
(d) of BSA, 2023 the terms “or communication device” are added. Similarly, in section 63(3) of BSA, 2023,
the terms “or communication device” are added. Moreover, in section 63(3) of BSA,2023,
the clauses are added – “(a) in stand alone
mode, or (b) on a computer
system, or (c) on a computer
network, or (d) on a
computer resource enabling information-creation or providing information –
processing and storage; or (e) through
an intermediary. The words “shall be
submitted along with the electronic record at each instance where it is being
submitted for admissions” are added in section 63(4) of BSA, 2023. The words “or
a communication device referred to in clauses (a) to (e) of sub- section (3)”
are added in section 63(4)(b) of BSA, 2023. The words “in
charge of a computer or communication device and an expert” are added to
section 63(4)(C) of BSA, 2023. Section 65B(5) (b) of
IEA, 1872 is omitted. |
||||||||||||||||||||||||||||
66. Rules as
to notice to produce |
64. Rules as
to notice to produce |
Section 60 of BSA, 2023 is mentioned in
section 64 of BSA, 2023, instead of section 65(a) of IEA, 1872. |
||||||||||||||||||||||||||||
67. Proof of
signature and handwriting of person alleged to have signed or written
documentproduced. |
65. Proof of
signature and handwriting of person alleged to have signed or written
document produced. |
No change |
||||||||||||||||||||||||||||
67A. Proof as
to electronic signature |
66. Proof as
to electronic signature |
No change |
||||||||||||||||||||||||||||
68. Proof of
execution of document required by law to be attested. |
67. Proof of
execution of document required by law to be attested. |
No change |
||||||||||||||||||||||||||||
69. Proof
where no attesting witness found. |
68. Proof
where no attesting witnesses found |
The phrase “or if the document purports
to have been executed in the United Kingdom” appearing in section 69 of IEA,
1872 are omitted. |
||||||||||||||||||||||||||||
70. Admission
of execution by party to attested document. |
69. Admission
of execution by party to attested document |
No change |
||||||||||||||||||||||||||||
71. Proof
when attesting witnesses denies the execution. |
70. Proof
when attesting witness denies the execution. |
No change |
||||||||||||||||||||||||||||
72. Proof of
document not required by law to be attested. |
71. Proof of
document not required by law to be attested. |
No change |
||||||||||||||||||||||||||||
73. Comparison of signature, writing or
seal with others admitted or proved. |
72.
Comparison of signature, writing or seal with others admitted or proved. |
No change |
||||||||||||||||||||||||||||
73A. Proof as to verification of digital
signature. |
73. Proof as to verification of digital
signature |
Explanation given in section 73A of IEA,
1872 is omitted. |
||||||||||||||||||||||||||||
74. Public
Documents |
74. Public
and Private documents |
Section 75 IEA,1872 is now section 74(2) BSA, 2023. |
||||||||||||||||||||||||||||
75. Private
Documents |
- |
- |
||||||||||||||||||||||||||||
76. Certified
copies of public documents |
75. Certified
copies of public documents |
No change |
||||||||||||||||||||||||||||
77. Proof of
documents by production of certified copies. |
76. Proof of documents by production of
certified copies |
No change |
||||||||||||||||||||||||||||
78. Proof of
other official documents |
77. Proof of
other official documents The following public documents may be
proved as follows:— (a) Acts, orders or notifications of the Central
Government in any of its Ministries and Departments or of any State
Government or any Department of any State Government or Union territory
Administration,— (i) by the records of the Departments, certified by the head
of those Departments respectively; or (ii) by any document purporting to be
printed by order of any such Government; (b) the proceedings of Parliament
or a State Legislative Assembly, by the journals of those bodies respectively, or
by published Acts or abstracts, or by copies purporting to be printed by
order of the Government concerned; (c)
proclamations,
orders or regulations issued by the President of India or the Governor
of a State or the Administrator or Lieutenant Governor of a Union territory,
by copies or extracts contained in the Official Gazette; (d) the Acts of the Executive or the
proceedings of the Legislature of a foreign country, by journals published by
their authority, or commonly received in that country as such, or by a copy
certified under the seal of the country or sovereign, or by a recognition
thereof in some Central Act; (e) the proceedings of a municipal or local
body in a State, by a copy of such proceedings, certified by the
legal keeper thereof, or by a printed book purporting to be published by the
authority of such body; (f) public documents of any other class in a foreign
country, by the original or by a copy certified by the legal keeper thereof,
with a certificate under the seal of a Notary Public, or of an Indian Consul
or diplomatic agent, that the copy is duly certified by the officer the legal
custody of the original, and upon proof of the character of the document
according to the law of the foreign country. |
In Section 77(1) of BSA, 2023, the words–“or of the
Crown Representative” are omitted . |
||||||||||||||||||||||||||||
79. Presumption as to genuineness of certified copies |
78.
Presumption as to genuineness of certified copies. |
The words “or by any officer in the State of Jammu and Kashmir who is
duly authorized thereto by the Central Government” are omitted in section 78
of BSA, 2023. |
||||||||||||||||||||||||||||
80.
Presumption as to documents produced as records of evidence. |
79.
Presumption as to documents produced as record of evidence, etc. |
Paragraph 2 changed to sub-sections. |
||||||||||||||||||||||||||||
81. Presumption as to Gazettes, newspapers, private
acts of Parliament and other documents. |
80.
Presumption as to Gazettes, newspapers and other documents. Explanation—For
the purposes of thissection and section 92, document issaid to be in proper
custody if it is inthe place in which, and looked afterby the person with
whom suchdocument is required to be kept; but no custody is improper if it is
proved to have had a legitimate origin, or ifthe circumstances of the
particularcase are such as to render that origin probable. |
The words “Private
acts of Parliament”, “London Gazette”, “of any colony, dependency or
possession of the British Crown”, “of the United Kingdom printed by the
Queen’s Printer” are omitted. “Explanation”
added. |
||||||||||||||||||||||||||||
81A.
Presumption as to Gazette in electronic forms. |
81.
Presumption as to Gazettes in electronic or digital records. Explanation - For the purposes ofthis section and section 96 electronicrecords are
said to be in propercustody if they are in the place inwhich, and looked
after by theperson with whom such document isrequired to be kept; but no
custodyis improper if it is proved to have hada legitimate origin, or
thecircumstances of the particular case are such as to render that
originprobable. |
“Digital records” added in marginal
heading and main paragraph. New Explanation is added to section 81 of
BSA, 2023. |
||||||||||||||||||||||||||||
82.
Presumption as to documents admissible in England without proof of seal or
signature. |
|
Omitted in BSA, 2023. |
||||||||||||||||||||||||||||
83.
Presumption as to maps or plans made by authority of government |
82. Presumption as to maps or plans made
by authority of Government |
No change |
||||||||||||||||||||||||||||
84.
Presumption as to collections of laws and reports of decisions. |
83.
Presumption as to collections of laws and reports of decisions. |
No change |
||||||||||||||||||||||||||||
85.
Presumption as to powers-of-attorney |
84.
Presumption as to powers-of- Attorney |
No change |
||||||||||||||||||||||||||||
85A.
Presumption as to electronic agreements. |
85.
Presumption as to electronic Agreements |
No change |
||||||||||||||||||||||||||||
85B.
Presumption as to electronic records and electronic signatures |
86.
Presumption as to electronic records and electronic signatures |
In section 86(1)
of BSA, 2023, the words “electronic record” changed to “Digital signature”. |
||||||||||||||||||||||||||||
85C. Presumption as to electronic
Signature certificates. |
87.
Presumption as to electronic Signature certificates. |
No change |
||||||||||||||||||||||||||||
86.
Presumption as to certified copies of foreign judicial records |
88.
Presumption as to certified copies of foreign judicial records |
The phrase “not forming part of India”
changed to “outside India”. The phrase “not forming part of India or
her Majesty’s dominions” changed to “outside India”. |
||||||||||||||||||||||||||||
87.
Presumption as to books, maps and charts. |
89. Presumption
as to books, maps and
charts. |
No change |
||||||||||||||||||||||||||||
88.
Presumption as to telegraphic messages. |
- |
Omitted inBSA, 2023 |
||||||||||||||||||||||||||||
88A. Presumption as to electronic
messages. |
90.
Presumption as to electronic messages. |
No change |
||||||||||||||||||||||||||||
89.
Presumption as to due execution, etc., or documents not produced. |
91.
Presumption as to due execution, etc., or documents not produced. |
No change |
||||||||||||||||||||||||||||
90. Presumption as to documents thirty
years old |
92.
Presumption as to documents thirty years old |
In explanation, Section 81 of IEA, 1872 changed
to S. 80 OF BSA, 2023. |
||||||||||||||||||||||||||||
90A. Presumption as to electronic records
five years old |
93.
Presumption as to electronic records five years old. |
Section 81 of BSA, 2023 is mentioned in
explanation, instead of section 81A of IEA, 1872. |
||||||||||||||||||||||||||||
CHAPTER VI-OF THE
EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE |
||||||||||||||||||||||||||||||
91. Evidence
of terms of contracts, grants and other dispositions of property reduced to
form of documents. |
94. Evidence
of terms of contracts, grants and other dispositions of property reduced to
form of documents. |
No change |
||||||||||||||||||||||||||||
92. Exclusion
of evidence of oral agreements |
95. Exclusion
of evidence of oral agreements |
Changes in
Illustration to section 95 of BSA, 2023. Illustration
(a), “Calcutta to London” changed to “Kolkata to Vishakhapatnam” Illustration (h) “Rooms, Rs. 200” to “ten
thousand rupees a month”. |
||||||||||||||||||||||||||||
93. Exclusion
of evidence to explain or amend ambiguous document |
96. Exclusion
of evidence to explain or amend ambiguous document. |
Illustration (a), “Rs. 1000 or Rs. 1500” changed to
“one lakh rupees or one lakh fifty thousand rupees”. |
||||||||||||||||||||||||||||
94. Exclusion
of evidence against application of documents to existingfacts. |
97. Exclusion
of evidence against application of documents to existing facts. |
No change |
||||||||||||||||||||||||||||
95. Evidence
as to document unmeaning in reference to existing facts. |
98. Evidence
as to document unmeaning in reference to existing facts |
No change |
||||||||||||||||||||||||||||
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 |
In Illustration(b) of section 99 of BSA,
2023– name of places changed. |
||||||||||||||||||||||||||||
97. Evidence
as to application of language to one of two sets of facts, to neither of
which the wholecorrectly applies |
100. evidence
as to application of language to one of two sets of facts, to neither of
which the whole correctly applies |
No change |
||||||||||||||||||||||||||||
98. Evidence
as to meaning of illegible characters, etc. |
101. Evidence
as to meaning of illegible
characters, etc. |
No change |
||||||||||||||||||||||||||||
99. Who may
give evidence of agreement varying term of document |
102. Who may
give evidence of agreement varying terms of document. |
No change |
||||||||||||||||||||||||||||
100. Saving
of provisions of Indian Succession Act relating to Wills. |
103. Saving
of provisions of Indian Succession Act relating to Wills. |
No change |
||||||||||||||||||||||||||||
PART IV PRODUCTION
AND EFFECT OF EVIDENCE CHAPTER VII (OF THE
BURDEN OF PROOF) |
||||||||||||||||||||||||||||||
101. Burden
of Proof |
104. Burden
of Proof |
No change |
||||||||||||||||||||||||||||
102. On whom
burden of proof lies |
105. On whom
burden of proof lies |
No change |
||||||||||||||||||||||||||||
103. Burden
of proof as to particular fact |
106. Burden
of proof as to particular fact |
No change |
||||||||||||||||||||||||||||
104. Burden of proving fact to be proved
to make evidence admissible |
107. Burden of proving fact to be proved
to make evidence Admissible |
No change |
||||||||||||||||||||||||||||
105. Burden
of proving that case of accused comes within exceptions |
108. Burden
of proving that case of accused comes within exceptions. Illustration (c) – section 325 of the Bharatiya Nyaya Sanhita 2023,
provides that whoever except in the case provided for by Section 335,
voluntarily causes grievous hurt, shall be subject to certain punishments. A
is charged with voluntarily causing grievous hurt under Section 117. The
burden of proving the circumstances bringing the case under the sub-section
(2) of section 122 lies on A. |
In illustration (c), Section 325 of IPC, 1860 changed
to S. 117 of BSA, 2023. Section 335 of IPC, 1860 changed to sub-section (2)
of S. 122 of BSA, 2023. |
||||||||||||||||||||||||||||
106. Burden
of proving facts especially within knowledge |
109. Burden of proving facts especially
within knowledge |
No change |
||||||||||||||||||||||||||||
107. Burden
of proving death or persons known to have been alive within thirty years |
110. Burden
of proving death or persons known to have been alive within thirty years |
No change |
||||||||||||||||||||||||||||
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 |
The words
“provided that” omitted from section 108 of IEA, 1872. |
||||||||||||||||||||||||||||
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. |
No change |
||||||||||||||||||||||||||||
110. Burden
of proof as to ownership |
113. Burden of proof as to ownership |
No change |
||||||||||||||||||||||||||||
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 |
No change |
||||||||||||||||||||||||||||
111A.
Presumption as to certain offences |
115.
Presumption as to certain offences – (2) (a) an offence under S. 147, 148,S.
149 or S. 150 of the Bharatiya Nyaya Sanhita, 2023 (b) criminal conspiracy or attempt
tocommit, or abetment of an offence under S. 149 or S. 150of theBharatiya
Nyaya Sanhita, 2023. |
|
||||||||||||||||||||||||||||
112. Birth during marriage, conclusive
proof of legitimacy |
116. Birth during marriage, conclusive
proof of legitimacy |
The words
“son” changed to “child”. |
||||||||||||||||||||||||||||
113. Proof of
cession of territory |
- |
Omitted |
||||||||||||||||||||||||||||
113A.
Presumption as to abetment of suicide by a married woman |
117.
Presumption as to abetment of suicide by a married woman |
In explanation to section 117 of BSA,
2023 – Section 498A of IPC, 1860 changed to Section 86 of the Bharatiya
NyayaSanhita, 2023. |
||||||||||||||||||||||||||||
113B.
Presumption as to Dowry Death. |
118. Presumption as to Dowry Death. |
Section 304-B IPC, 1860 changed to Section 80 of BNS 2023. |
||||||||||||||||||||||||||||
114. Court
may presume existence of certain facts |
119. Court may presume existence of
certain facts |
No change |
||||||||||||||||||||||||||||
114A.
Presumption as to absence of consent in certain prosecution for rape. |
120.
Presumption as to absence of consent in certain prosecution for rape. In a prosecution for rape under
sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where
sexual intercourse by the accused is proved and the question is whether it
was without the consent of the woman alleged to have been raped and such woman
states in her evidence before the Court that she did not consent, the Court
shall presume that she did not consent. Explanation - In this section,
"sexual intercourse" shall mean acts mentioned in section 63 of the
Bharatiya Nyaya Sanhita, 2023. |
Section 376 of IPC, 1860 changed to Section
64 of the Bharatiya Nyaya Sanhita, 2023. Section 375 of IPC, 1860 in the
Explanation changed to Section 63 of the Bharatiya Nyaya Sahita, 2023. |
||||||||||||||||||||||||||||
CHAPTER VIII-ESTOPPEL |
||||||||||||||||||||||||||||||
115. Estoppel |
121. Estoppel |
No change |
||||||||||||||||||||||||||||
116. Estoppel
of tenant, and of licensee of person in possession |
122. Estoppel
of tenant, and of licensee of person in possession |
No change |
||||||||||||||||||||||||||||
117. Estoppel
of acceptor of bill of exchange, bailee or licensee |
123. Estoppel
of acceptor of bill of exchange, bailee or licensee |
No change |
||||||||||||||||||||||||||||
CHAPTER IX-OF
WITNESSES |
||||||||||||||||||||||||||||||
118. Who may
testify |
124. Who may
testify - |
Explanation to section 124 of BSA, 2023 –
the phrase “a person of unsound mind” has been used instead of “lunatic”. |
||||||||||||||||||||||||||||
119. Witness unable to communicate
verbally |
125. Witness unable to communicate
verbally |
No change |
||||||||||||||||||||||||||||
120. Parties
to civil suit, and their wives or husbands. Husbands or wife of person under
criminal trial |
126. Competency
of husband and wife as witnesses in certain cases. |
Marginal heading
changed |
||||||||||||||||||||||||||||
121. Judges and Magistrates |
127. Judges
and Magistrates |
No change |
||||||||||||||||||||||||||||
122. Communication during marriage |
128. Communication during marriage |
No change |
||||||||||||||||||||||||||||
123. Evidence
as to affairs of State |
129. Evidence
as to affairs of State |
No change |
||||||||||||||||||||||||||||
124.Official
Communications |
130. Official
communications |
No change |
||||||||||||||||||||||||||||
125.
Information as to communications of offences |
131. Information as to communications of
offences |
No change |
||||||||||||||||||||||||||||
126.Professional
communications |
132.Professional
Communications |
Paragraph 2 added as sub-section (2). |
||||||||||||||||||||||||||||
127. Section
126 to apply to interpreters, etc. |
|
Section 126 of IEA, 1872 is now Section
132(3) of BSA, 2023. |
||||||||||||||||||||||||||||
128.
Privilege not waived by volunteering evidence |
133. Privilege not waived by volunteering
evidence |
No change |
||||||||||||||||||||||||||||
129. Confidential communications with legal advisers. |
134.
Confidential communications with legal advisers. |
No change |
||||||||||||||||||||||||||||
130. Production of title- deeds of
witness not a party |
135.
Production of title-deeds of witness not a party |
No change |
||||||||||||||||||||||||||||
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 |
No change |
||||||||||||||||||||||||||||
132. Witness
not excused from answering on ground that answer will criminate |
137. Witness
not excused from answering on ground that answer will criminate |
No change |
||||||||||||||||||||||||||||
133.
Accomplice- An accomplice shall be a competent
witness against an accused person; and a conviction is not illegal merely
because it proceeds upon the uncorroborated testimony of an accomplice. |
138.
Accomplice - An accomplice
shall be a competent witness against an accused person; and a conviction is
not illegal if it proceeds upon the corroborated testimony of an accomplice. |
The term ‘merely because’ changed to ‘if’
and terms “uncorroborated” testimony changed to “corroborated”. |
||||||||||||||||||||||||||||
134. Number
of witnesses |
139. Number
of witnesses |
No change |
||||||||||||||||||||||||||||
CHAPTER X-OF
EXAMINATION OF WITNESSES |
||||||||||||||||||||||||||||||
135. Order of production and examination
of witnesses |
140. Order of production and examination
of witnesses |
No change |
||||||||||||||||||||||||||||
136. Judge’s to decide as to
admissibility of evidence |
141. Judge’s to decide as to
admissibility of evidence |
Paragraph changed to sub-Sections. |
||||||||||||||||||||||||||||
137.
Examination-in-chief |
142.
Examination of witnesses |
Examination in chief as defined in
section 137 of IEA, 1872 is now Section 142(1) of BSA, 2023. Cross-examination as defined in paragraph
2 of Section 137 IEA, 1872 is now 142(2) of BSA, 2023. Re-examination as defined in paragraph 3
of section 137 of IEA, 1872 is now section 142 (3) BSA 2023. |
||||||||||||||||||||||||||||
138. Order of
examination |
143. Order of
examination |
Paragraph changed to sub-sections. In sub-section (2), “examination” changed
to “examination-in- chief”. Heading of “direction of re-examination” is
removed. |
||||||||||||||||||||||||||||
139.
Cross-examination of person called to produce a Document |
144.
Cross-examination of person called to produce a document |
No change |
||||||||||||||||||||||||||||
140. Witness
to character |
145. Witness
to character |
No change |
||||||||||||||||||||||||||||
141. Leading
questions |
146. Leading
Questions |
Section 142 of IEA, 1872 changed to
section 146(2) and 146(3) of BSA, 2023.
Section 143 of IEA, 1872 changed to
section 146(4) of BSA, 2023. |
||||||||||||||||||||||||||||
142. When
they must not be asked |
|
Added u/s 146 (2) and (3) BSA 2023. |
||||||||||||||||||||||||||||
143. When
they may be asked |
|
Added in S. 146 (4) BSA 2023. |
||||||||||||||||||||||||||||
144. Evidence as to matters in writing |
147. Evidence
as to matters in writing |
No change |
||||||||||||||||||||||||||||
145.
Cross-examination as to previous statements in writing |
148. Cross-examination as to previous
statements in writing |
No change |
||||||||||||||||||||||||||||
146.
Questions lawful in cross-examination Provided that in a prosecution for an offence under section 376,
section 376A, section 376AB section 376B, section 376C, section 376D, section
376DA, section 376DB or section 376E of the Indian Penal Code, 1860 or for
attempt to commit any such offence, where the question of consent is an
issue, it shall not be permissible to adduce evidence or to put questions in
the cross-examination of the victim as to the general immoral character, or
previous sexual experience, of such victim with any person for proving such
consent or the quality of consent. |
149.
Questions lawful in cross- examination – Provided that in a prosecution for an
offence under section 64, section 65, section 66, section 67, section 68, section
69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for
attempt to commit any such offence, where the question of consent is an
issue, it shall not be permissible to adduce evidence or to put questions in
the cross-examination of the victim as to the general immoral character, or
previous sexual experience, of such victim with any person for proving such
consent or the quality of consent |
|
||||||||||||||||||||||||||||
147. When
witnesses to be compelled to answer |
150. When witnesses to be compelled to
answer |
Section 132 of IEA, 1872 changed to Section 137 of BSA, 2023. |
||||||||||||||||||||||||||||
148. Court to
decide when questions shall be asked and when witnesses compelled to answer |
151. Court to
decide when questions shall be asked and when witnesses compelled to answer |
No change |
||||||||||||||||||||||||||||
149.
Questions not be asked without reasonable grounds |
152. Questions not be asked without
reasonable grounds |
Section 148 of IEA, 1872 changed to Section
151 of BSA, 2023. Illustration (d) “dakait” changed to
“dacoit”. |
||||||||||||||||||||||||||||
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 |
No change |
||||||||||||||||||||||||||||
151. Indecent and Scandalous questions |
154. Indecent and Scandalous questions |
No change |
||||||||||||||||||||||||||||
152. Questions
intended to insult or annoy |
155.
Questions intended to insult or annoy |
No change |
||||||||||||||||||||||||||||
153.
Exclusion of evidence to contradict answers to questions testing veracity |
156. Exclusion of evidence to contradict answers to
questions testing veracity |
Illustration (C), ‘Lahore’ changed to ‘Goa’
and ‘Calcutta’ changed to ‘Varanasi’ |
||||||||||||||||||||||||||||
154.
Questions by party to his own witness |
157.
Questions by party to his own witness |
No change |
||||||||||||||||||||||||||||
155.
Impeaching credit of witnesses |
158.
Impeaching credit of witness |
Illustration (b), “indicted”
changed to “accused” Illustration (b) change in language. “Evidence is offered to show that on
previous occasion, C said that B, when dying did not declare that A had given
B the wound of which he died, the evidence is admissible.” |
||||||||||||||||||||||||||||
156. Question
tending to corroborate evidence of relevant facts, admissible |
159. Question
tending to corroborate evidence of relevant facts, admissible |
No change |
||||||||||||||||||||||||||||
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 |
No change |
||||||||||||||||||||||||||||
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 |
In marginal heading, Sections 32 or 33 of
IEA, 1872 changed to Sections 26 or 27
of BSA, 2023. |
||||||||||||||||||||||||||||
159.
Refreshing Memory |
162.
Refreshing Memory |
The word “Provided” added in Paragraph 2
and Paragraph 5. The heading “When witness may use copy of
document to refresh memory” is omitted. |
||||||||||||||||||||||||||||
160.
Testimony to factsstated in document mentioned in Section 159. |
163.
Testimony to facts stated in document mentioned in Section 162. |
In marginal heading, S. 159 of IEA, 1872 changed
to S. 162 of BSA,2023. |
||||||||||||||||||||||||||||
161. Right of adverse party as to writing
used to refresh memory |
164. Right of
adverse party as to writing used to refresh memory |
No change |
||||||||||||||||||||||||||||
162. Production of document |
165.
Production of document – (3) If for such a purpose it is necessary
to cause any document to be translated, the Court may, if it thinks fit,
direct the translator to keep the contents secret, unless the document is to
be given in evidence and, if the interpreter disobeys such direction, he
shall be held to have committed an offence under section Section 198of the
Bharatiya Nyaya Sanhita, 2023: |
Paragraph changed to sub-sections. The heading “Translation of Documents”
removed. Section 198 of BNS, 2023 is mentioned in
165(3) of BSA, 2023, instead of section 166 IPC, 1860. |
||||||||||||||||||||||||||||
163. Giving,
as evidence, of document called for and produced of which was refused on
notice. |
166. Giving,
as evidence, or document called for and produced of which was refused on
notice. |
No change |
||||||||||||||||||||||||||||
164. Using,
as evidence, document, production of which was refused on Notice |
167. Using,
as evidence, document, production of which was refused on notice |
No change |
||||||||||||||||||||||||||||
165. Judge’s power to put questions or
order production – The Judge may, in order to discover or to
obtain proper proof of relevant facts, ask any question he pleases, in any
form, at any time, of any witness, or of the parties about any fact relevant
or irrelevant; and may order the production of any document or thing;
and neither the parties nor their agents shall be entitled to make
any objection to any such question or order, nor, without the leave of the
Court, to cross-examine any witness upon any answer given in reply to any
such question: Provided that the judgment must be based
upon facts declared by this Act to be relevant, and duly proved: Provided also that this section shall not
authorize any Judge to compel any witness to answer any question, or to
produce any document which such witness would be entitled to refuse to answer
or produce under sections 121 to 131, both inclusive, if the question were
asked or the document were called for by the adverse party; nor shall the
Judge ask any question which it would be improper for any other person to ask
under section 148 or 149; nor shall he dispense with primary
evidence of any document, except in the cases
hereinbefore excepted. |
168. Judge’s
power to put questions or order production – The Judge may, in order to discover or obtain proof
of relevant facts, ask any question he considers necessary, in
any form, at any time, of any witness, or of the parties about any fact; and
may order the production of any document or thing; and neither the parties
nor their representatives shall be entitled to make any objection to
any such question or order, nor, without the leave of the Court, to cross-
examine any witness upon any answer given in reply to any such question: Provided that the exercise of the powers
conferred hereinmust be based upon facts declared by this Act to be relevant,
and duly proved: Provided further
that this section shall not authorise any Judge to compel any witness
to answer any question, or to produce any document which such witness would
be entitled to refuse to answer or produce under sections 136 to 140
both inclusive, if the question were asked or the document were called for by
the adverse party; nor shall the Judge ask any question which it would be
improper for any other person to ask under section 157 or 158; nor
shall he dispense with primary evidence of any document, except in the cases
hereinbefore excepted. |
The word “proper” has been omitted.
“pleases” changed to “considers necessary”. The word “relevant or irrelevant”
omitted. “agents” changed to representatives”. Section 121 to 131 of IEA, 1872 changed
to S. 127 to S. 136 of BSA, 2023 Section 148 or S. 149 of IEA, 1872 changed
to S. 151 or 152 of BSA, 2023. |
||||||||||||||||||||||||||||
166. Power of jury or assessors to put
questions |
- |
Omitted |
||||||||||||||||||||||||||||
CHAPTER XI- “OF
IMPROPER ADMISSION AND REJECTION OF EVIDENCE” |
||||||||||||||||||||||||||||||
167. No new
trial for improper admission or rejection of
evidence |
169. No new
trial for improper admission or rejection of evidence |
No change |
||||||||||||||||||||||||||||
CHAPTER XII-Repeal
and Savings |
||||||||||||||||||||||||||||||
|
170. Repeals and savings – (1) The Indian Evidence Act, 1872 is hereby
repealed. (2) Notwithstanding such repeal, if,
immediately before the date on which this Act comes into force, there is any
trial, application, trial, inquiry, investigation, proceeding or appeal
pending, then, such application, trial, inquiry, investigation, proceeding or
appeal shall be dealt with under the provisions of the Evidence Act, 1872, as
in force immediately before such commencement, as if this Act had not come
into force. |
Added in the New ACT. |
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