The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a landmark legislation that replaces the Indian Evidence Act, 1872, which governed evidence law in Indi

Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is a landmark legislation that replaces the Indian Evidence Act, 1872, which governed evidence law in India for more than 150 years. The new law modernizes the legal framework for admissibility, relevance, and proof of evidence in courts, especially by recognizing digital and electronic records in judicial proceedings.

The Act forms part of India’s new criminal law reform package, along with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), aimed at making the criminal justice system more efficient and technologically advanced.

The primary objective of the Bharatiya Sakshya Adhiniyam is to simplify evidence law, remove outdated provisions, and adapt the legal system to the digital age.

Evidence law in India was historically governed by the Indian Evidence Act, 1872, drafted by Sir James Fitzjames Stephen during British rule. The Act laid down the principles for determining:

• What facts may be given as evidence

• What kind of evidence is admissible in court

• Who has the burden of proof

• How witnesses and documents are examined

Although the Act was considered a well-structured legal statute, many of its provisions became outdated with technological advancements such as digital documents, emails, CCTV footage, and electronic communication.

To address these challenges, the Government of India enacted the Bharatiya Sakshya Adhiniyam, 2023, replacing the colonial-era law.

Bharatiya Sakshya Adhiniyam, 2023 – Highlights

Act Name	Bharatiya Sakshya Adhiniyam, 2023
Replaces	Indian Evidence Act, 1872
Total Sections	170 Sections
Total Parts	4 Parts
Total Chapters	12 Chapters
Key Focus	Modern rules of evidence including digital and electronic records
Important Features	• Recognition of electronic evidence • Digital records admissibility • Updated presumptions • Simplified legal language
Applies To	All courts in India
Objective	To modernize and simplify evidence law in India

Structure of the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam is structured into 4 Parts, 12 Chapters, and 170 Sections, which lay down the rules governing evidence in courts.

Part	Chapter	Title
Part I	Chapter I	Preliminary
Part II	Chapter II	Relevancy of Facts
Part II	—	Opinions of Third Persons When Relevant
Part II	—	Character When Relevant
Part III	Chapter III	Facts Which Need Not Be Proved
Part III	Chapter IV	Of Oral Evidence
Part III	Chapter V	Of Documentary Evidence
Part III	—	Public Documents
Part III	—	Presumptions as to Documents
Part III	Chapter VI	Exclusion of Oral Evidence by Documentary Evidence
Part IV	Chapter VII	Burden of Proof
Part IV	Chapter VIII	Estoppel
Part IV	Chapter IX	Of Witnesses
Part IV	Chapter X	Of Examination of Witnesses
Part IV	Chapter XI	Improper Admission and Rejection of Evidence
Part IV	Chapter XII	Repeal and Savings
—	—	The Schedule

This structure largely retains the framework of the old Evidence Act but modernizes several provisions.

ALSO READ:

• Bharatiya Nyaya Sanhita
• Bharatiya Nagarik Suraksha Sanhita

The Bharatiya Sakshya Adhiniyam, 2023

Section	Description
PART I
CHAPTER I : PRELIMINARY
Section 1	Short title, application and commencement
Section 2	Definitions
PART II
CHAPTER II : RELEVANCY OF FACTS
Section 3	Evidence may be given of facts in issue and relevant facts
Section 4	Relevancy of facts forming part of same transaction
Section 5	Facts which are occasion, cause or effect of facts in issue
Section 6	Motive, preparation and conduct
Section 7	Facts necessary to explain or introduce
Section 8	Things said or done by conspirator
Section 9	When facts not otherwise relevant become relevant
Section 10	Facts relevant in suits for damages
Section 11	Facts relevant when right or custom is in question
Section 12	State of mind or body
Section 13	Accidental or intentional acts
Section 14	Course of business
Section 15	Admission defined
Section 16	Admission by party or agent
Section 17	Admissions by persons whose position must be proved
Section 18	Admissions by persons expressly referred
Section 19	Proof of admissions
Section 20	Oral admissions as to documents
Section 21	Admissions in civil cases
Section 22	Confession by inducement, threat, coercion
Section 23	Confession to police officer
Section 24	Consideration of confession
Section 25	Admissions not conclusive proof
Section 26	Statement by person who is dead or cannot be found
Section 27	Relevancy in subsequent proceedings
Section 28	Entries in books of account
Section 29	Public or electronic records
Section 30	Maps, charts and plans

Section	Description
Section 31	Relevancy of statement as to fact of public nature contained in certain Acts or notifications
Section 32	Relevancy of statements as to any law contained in law books including electronic or digital form
Section 33	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
Section 34	Previous judgments relevant to bar a second suit or trial
Section 35	Relevancy of certain judgments in probate, etc., jurisdiction
Section 36	Relevancy and effect of judgments, orders or decrees
Section 37	Judgments, etc., other than those mentioned in Sections 34, 35 and 36
Section 38	Fraud or collusion in obtaining judgment
Section 39	Opinions of experts
Section 40	Facts bearing upon opinions of experts
Section 41	Handwriting and signature
Section 42	Custom or right
Section 43	Usages, tenets, etc.
Section 44	Relationship
Section 45	Grounds of opinion
Section 46	Character irrelevant in civil cases
Section 47	Previous good character
Section 48	Evidence of sexual experience not relevant
Section 49	Previous bad character
Section 50	Character as affecting damages
PART III – ON PROOF
CHAPTER III : FACTS WHICH NEED NOT BE PROVED
Section 51	Fact judicially noticeable need not be proved
Section 52	Facts of which Court shall take judicial notice
Section 53	Facts admitted need not be proved
CHAPTER IV : OF ORAL EVIDENCE
Section 54	Proof of facts by oral evidence
Section 55	Oral evidence to be direct

Section	Description
CHAPTER V : OF DOCUMENTARY EVIDENCE
Section 56	Proof of contents of documents
Section 57	Primary Evidence
Section 58	Secondary evidence
Section 59	Proof of documents by primary evidence
Section 60	Cases in which secondary evidence may be given
Section 61	Electronic or digital record
Section 62	Special provisions as to electronic record
Section 63	Admissibility of electronic records
Section 64	Rules as to notice to produce
Section 65	Proof of signature and handwriting
Section 66	Proof as to electronic signature
Section 67	Proof of execution of document required by law to be attested
Section 68	Proof where no attesting witness found
Section 69	Admission of execution by party
Section 70	Proof when attesting witness denies execution
Section 71	Proof of document not required to be attested
Section 72	Comparison of signature, writing or seal
Section 73	Verification of digital signature
PUBLIC & PRIVATE DOCUMENTS
Section 74	Public and private documents
Section 75	Certified copies of public documents
Section 76	Proof by certified copies
Section 77	Proof of other official documents
PRESUMPTIONS
Section 78	Presumption as to genuineness of certified copies
Section 79	Presumption as to documents as record of evidence
Section 80	Presumption as to Gazettes, newspapers, etc.
Section 81	Presumption as to electronic Gazettes
Section 82	Presumption as to maps or plans
Section 83	Presumption as to collections of laws
Section 84	Presumption as to powers-of-attorney
Section 85	Presumption as to electronic agreements
Section 86	Presumption as to electronic records and signatures
Section 87	Presumption as to Electronic Signature Certificates
Section 88	Presumption as to foreign judicial records
Section 89	Presumption as to books, maps and charts
Section 90	Presumption as to electronic messages
Section 91	Presumption as to documents not produced
Section 92	Presumption as to documents thirty years old
Section 93	Presumption as to electronic records five years old

Section	Description
CHAPTER VI : EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE
Section 94	Evidence of terms of contracts, grants and other dispositions
Section 95	Exclusion of evidence of oral agreement
Section 96	Exclusion of evidence to explain or amend ambiguous document
Section 97	Exclusion of evidence against application of document
Section 98	Evidence as to document unmeaning in reference to facts
Section 99	Application of language to one of several persons
Section 100	Application of language to one of two sets of facts
Section 101	Meaning of illegible characters
Section 102	Who may give evidence of agreement varying document
Section 103	Saving of provisions of Indian Succession Act
PART IV – PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII : BURDEN OF PROOF
Section 104	Burden of proof
Section 105	On whom burden of proof lies
Section 106	Burden of proof as to particular fact
Section 107	Burden of proving fact to make evidence admissible
Section 108	Burden of proving case within exceptions
Section 109	Burden of proving fact especially within knowledge
Section 110	Burden of proving death within thirty years
Section 111	Burden of proving person alive after seven years
Section 112	Burden of proof as to relationship
Section 113	Burden of proof as to ownership
Section 114	Proof of good faith in transactions
Section 115	Presumption as to certain offences
Section 116	Birth during marriage – legitimacy
Section 117	Presumption as to abetment of suicide
Section 118	Presumption as to dowry death
Section 119	Court may presume certain facts
Section 120	Presumption as to absence of consent in rape
CHAPTER VIII : ESTOPPEL
Section 121	Estoppel
Section 122	Estoppel of tenant and licensee
Section 123	Estoppel of acceptor, bailee or licensee

Section	Description
CHAPTER IX : OF WITNESSES
Section 124	Who may testify
Section 125	Witness unable to communicate verbally
Section 126	Competency of husband and wife as witnesses
Section 127	Judges and Magistrates
Section 128	Communications during marriage
Section 129	Evidence as to affairs of State
Section 130	Official Communications
Section 131	Information as to commission of offences
Section 132	Professional communications
Section 133	Privilege not waived by volunteering evidence
Section 134	Confidential communication with legal advisers
Section 135	Production of title-deeds of witness not a party
Section 136	Production of documents or electronic records
Section 137	Witness not excused from answering
Section 138	Accomplice
Section 139	Number of witnesses

Section	Description
CHAPTER X : EXAMINATION OF WITNESSES
Section 140	Order of production and examination of witnesses
Section 141	Judge to decide admissibility of evidence
Section 142	Examination of witnesses
Section 143	Order of examinations
Section 144	Cross-examination of person producing document
Section 145	Witnesses to character
Section 146	Leading questions
Section 147	Evidence as to matters in writing
Section 148	Cross-examination as to previous statements
Section 149	Questions lawful in cross-examination
Section 150	When witness compelled to answer
Section 151	Court to decide when question shall be asked
Section 152	Question not to be asked without reasonable grounds
Section 153	Procedure when improper question asked
Section 154	Indecent and scandalous questions
Section 155	Questions intended to insult or annoy
Section 156	Exclusion of evidence contradicting answers
Section 157	Question by party to his own witness
Section 158	Impeaching credit of witness
Section 159	Questions to corroborate evidence
Section 160	Former statements to corroborate testimony
Section 161	Matters proved under Section 26 or 27
Section 162	Refreshing memory
Section 163	Testimony to facts stated in document
Section 164	Right of adverse party as to writing
Section 165	Production of documents
Section 166	Giving document as evidence
Section 167	Using document refused on notice
Section 168	Judge’s power to question or order production
CHAPTER XI : IMPROPER ADMISSION AND REJECTION OF EVIDENCE
Section 169	No new trial for improper admission or rejection of evidence
CHAPTER XII : REPEAL AND SAVINGS
Section 170	Repeal and savings
THE SCHEDULE
—	Schedule

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 marks a significant step in modernizing India’s legal system. By replacing the Indian Evidence Act, 1872, the new law reflects the realities of the digital world and improves the way evidence is presented and evaluated in courts.

The Act strengthens the justice system by recognizing electronic evidence, simplifying legal procedures, and ensuring fair trials. As technology continues to evolve, this legislation provides a strong legal framework for handling evidence in the 21st century.