Comparison Between Iea, 1872 And The Bharatiya Sakshya Bill, 2023

	THE INDIAN EVIDENCE ACT, 1872		THE BHARATIYA SAKSHYA BILL, 2023
1	Short title	1	Short title, application and commencement.
	Extent	2	Definitions
	Commencement of Act	3	Evidence may be given of facts in issue and relevant facts.
2	[Repealed ]	4	Relevancy of facts forming part of same transaction.
3	Interpretation-clause	5	Facts which are the occasion, cause or effect of facts in issue or relevant facts.
	“Court”	6	Motive, preparation and previous or subsequent conduct.
	“Fact”	7	Facts necessary to explain or introduce fact in issue or relevant facts.
	“Relevant”	8	Things said, done by conspirator in reference to common design.
	“Facts in issue”	9	When facts not otherwise relevant become relevant.
	“Document”	10	Facts tending to enable Court to determine amount are relevant in suits for damages.
	“Evidence”	11	Facts relevant when right or custom is in question.
	“Proved”	12	Facts showing existence of state of mind, or of body of bodily feeling.
	“Disproved” “	13	Facts bearing on question whether act was accidental or intentional.
	Not proved”	14	Existence of course of business when relevant.
	“India”	15	Admission defined.
4	“May Presume ”	16	Admission by party to proceeding or his agent.
	“Shall presume ”	17	Admissions by persons whose position must be proved as against party to suit.
	“Conclusive proof”	18	Admissions by persons expressly referred to by party to suit.
5	Evidence may be given of facts in issue and relevant facts	19	Proof of admissions against persons making them, and by or on their behalf.
6	Relevancy of facts forming part of same transaction	20	When oral admissions as to contents of documents are relevant.
7	Facts which are the occasion, cause or effect of facts in issue	21	Admissions in civil cases when relevant.
8	Motive, preparation and previous or subsequent conduct	22	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
9	Facts necessary to explain or introduce relevant facts	23	Confession to police officer.
10	Things said or done by conspirator in reference to common design	24	Consideration of proved confession affecting person making it and others jointly under trial for same offence.
11	When facts not otherwise relevant become relevant	25	Admissions not conclusive proof, but may estop.
12	In suits for damages, facts tending to enable Court to determine amount are relevant	26	Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant.
13	Facts relevant when right or custom is in question	27	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated. Statements made under special circumstances
14	Facts showing existence of state of mind, or of body, or bodily feeling	28	Entries in books of account when relevant.
15	Facts bearing on question whether act was accidental or intentional	29	Relevancy of entry in public record or an electronic record made in performance of duty.
16	Existence of course of business when relevant	30	Relevancy of statements in maps, charts and plans.
17	Admission defined	31	Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
18	Admission––	32	Relevancy of statements as to any law contained in law books including electronic or digital form.
	by party to proceeding or his agent;	33	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. Judgments of Courts when relevant
	by suitor in representative character;	34	Previous judgments relevant to bar a second suit or trial.
	by party interested in subject-matter;	35	Relevancy of certain judgments in probate, etc., jurisdiction.
	by person from whom interest derived	36	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.
19	Admissions by persons whose position must be proved as against party to suit	37	Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
20	Admissions by persons expressly referred to by party to suit	38	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of third persons when relevant
21	Proof of admissions against persons making them, and by or on their behalf	39	Opinions of experts.
22	When oral admissions as to contents of documents are relevant	40	Facts bearing upon opinions of experts.
22A	When oral admission as to contents of electronic records are relevant	41	Opinion as to hand-writing and digital signature, when relevant.
23	Admissions in civil cases when relevant	42	Opinion as to existence of general custom or right, when relevant.
24	Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding	43	Opinion as to usages, tenets, etc., when relevant.
25	Confession to police-officer not to be proved	44	Opinion on relationship, when relevant.
26	Confession by accused while in custody of Police not to be proved against him	45	Grounds of opinion, when relevant. Character when relevant
27	How much of information received from accused may be proved	46	In civil cases character to prove conduct imputed, irrelevant.
28	Confession made after removal of impression caused by inducement, threat or promise, relevant	47	In criminal cases previous good character relevant.
29	Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc
30	Consideration of proved confession affecting person making it and others jointly under trial for same offence	48	Evidence of character or previous sexual experience not relevant in certain cases.
31	Admissions not conclusive proof, but may estop	49	Previous bad character not relevant, except in reply.
32	Cases in which statement of relevant fact by person who is dead or cannot be found, etc , is relevant When it relates to cause of death;	50	Character as affecting damages.
	or is made in course of business;	51	Fact judicially noticeable need not be proved.
	or against interest of maker;	52	Facts of which Court shall take judicial notice.
	or gives opinion as to public right or custom, or matters of general interest;	53	Facts admitted need not be proved.
	or relates to existence of relationship; or is made in will or deed relating to family affairs;	54	Proof of facts by oral evidence.
	or in document relating to transaction mentioned in section , clause (a);	55	Oral evidence to be direct.
	or is made by several persons and expresses feelings relevant to matter in question	56	Proof of contents of documents.
33	Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated	57	Primary evidence.
34	Entries in books of account when relevant	58	Secondary evidence.
35	Relevancy of entry in public record made in performance of duty	59	Proof of documents by primary evidence.
36	Relevancy of statements in maps, charts and plans	60	Cases in which secondary evidence relating to documents may be given.
37	Relevancy of statement as to fact of public nature contained in certain Acts or notifications	61	Admissibility of electronic or digital record.
38	Relevancy of statements as to any law contained in law-books	62	Special provisions as to evidence relating to electronic record.
39	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers	63	Admissibility of electronic records.
40	Previous judgments relevant to bar a second suit or trial	64	Rules as to notice to produce.
41	Relevancy of certain judgments in probate, etc , jurisdiction	65	Proof of signature and handwriting of person alleged to have signed or written document produced.
42	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section	66	Proof as to electronic signature.
43	Judgments, etc , other than those mentioned in sections , and , when relevant	67	Proof of execution of document required by law to be attested.
44	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved	68	Proof where no attesting witness found.
45	Opinions of experts	69	Admission of execution by party to attested document.
45A	Opinion of Examiner of Electronic Evidence	70	Proof when attesting witness denies the execution.
46	Facts bearing upon opinions of experts	71	Proof of document not required by law to be attested.
47	Opinion as to handwriting, when relevant	72	Comparison of signature, writing or seal with others admitted or proved.
47A	Opinion as to digital signature, when relevant	73	Proof as to verification of digital signature.
48	Opinion as to existence of right or custom, when relevant	74	Public and private documents.
49	Opinion as to usages, tenets, etc , when relevant	75	Certified copies of public documents.
50	Opinion on relationships, when relevant	76	Proof of documents by production of certified copies.
51	Grounds of opinion, when relevant	77	Proof of other official documents. Presumptions as to documents
52	In civil cases character to prove conduct imputed, irrelevant	78	Presumption as to genuineness of certified copies
53	In criminal cases previous good character relevant	79	Presumption as to documents produced as record of evidence, etc.
53A	Evidence of character or previous sexual experience is not relevant in certain cases	80	Presumption as to Gazettes, newspapers, and other documents.
54	Previous bad character not relevant, except in reply	81	Presumption as to Gazettes in electronic or digital record.
55	Character as affecting damages	82	Presumption as to maps or plans made by authority of Government.
56	Fact judicially noticeable need not be proved	83	Presumption as to collections of laws and reports of decisions.
57	Facts of which Court must take judicial notice	84	Presumption as to powers-of-attorney.
58	Facts admitted need not be proved	85	Presumption as to electronic agreements.
59	Proof of facts by oral evidence	86	Presumption as to electronic records and electronic signatures.
60	Oral evidence must be direct	87	Presumption as to Electronic Signature Certificates.
61	Proof of contents of documents	88	Presumption as to certified copies of foreign judicial records.
62	Primary evidence	89	Presumption as to books, maps and charts.
63	Secondary evidence	90	Presumption as to electronic messages.
64	Proof of documents by primary evidence	91	Presumption as to due execution, etc., of documents not produced.
65	Cases in which secondary evidence relating to documents may be given	92	Presumption as to documents thirty years old.
65A	Special provisions as to evidence relating to electronic record	93	Presumption as to electronic records five years old.
65B	Admissibility of electronic records	94	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
66	Rules as to notice to produce	95	Exclusion of evidence of oral agreement.
67	Proof of signature and handwriting of person alleged to have signed or written document produced	96	Exclusion of evidence to explain or amend ambiguous document.
67A	Proof as to electronic signature	97	Exclusion of evidence against application of document to existing facts.
68	Proof of execution of document required by law to be attested	98	Evidence as to document unmeaning reference to existing facts.
69	Proof where no attesting witness found	99	Evidence as to application of language which can apply to one only of several persons.
70	Admission of execution by party to attested document	100	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
71	Proof when attesting witness denies the execution	101	Evidence as to meaning of illegible characters, etc.
72	Proof of document not required by law to be attested	102	Who may give evidence of agreement varying terms ofdocument.
73	Comparison of signature, writing or seal with others admitted or proved	103	Saving of provisions of Indian Succession Act relating to Wills
73A	Proof as to verification of digital signature	104	Burden of proof.
74	Public documents	105	On whom burden of proof lies.
75	Private documents	106	Burden of proof as to particular fact.
76	Certified copies of public documents	107	Burden of proving fact to be proved to make evidence admissible.
77	Proof of documents by production of certified copies	108	Burden of proving that case of accused comes within exceptions.
78	Proof of other official documents	109	Burden of proving fact especially within knowledge.
79	Presumption as to genuineness of certified copies	110	Burden of proving death of person known to have been alive within thirty years.
80	Presumption as to documents produced as record of evidence	111	Burden of proving that person is alive who has not been heard of for seven years.
81	Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents	112	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
81A	Presumption as to Gazettes in electronic forms	113	Burden of proof as to ownership.
82	Presumption as to document admissible in England without proof of seal or signature	114	Proof of good faith in transactions where one party is in relation of active confidence.
83	Presumption as to maps or plans made by authority of Government	115	Presumption as to certain offences.
84	Presumption as to collections of laws and reports of decisions	116	Birth during marriage,conclusive proof of legitimacy.
85	Presumptions as to powers-of-attorney	117	Presumption as to abetment of suicide by a married woman.
85A	Presumption as to electronic agreements	118	Presumption as to dowry death.
85B	Presumption as to electronic records and electronic signatures	119	Court may presume existence of certain facts.
85C	Presumption as to Electronic Signature Certificates	120	Presumption as to absence of consent in certain prosecution for rape.
86	Presumption as to certified copies of foreign judicial records	121	Estoppel.
87	Presumption as to books, maps and charts	122	Estoppel of tenants and of licensee of person in possession.
88	Presumption as to telegraphic messages	123	Estoppel of acceptor of bill of exchange, bailee or licensee.
88A	Presumption as to electronic messages	124	Who may testify.
89	Presumption as to due execution, etc , of documents not produced	125	Witness unable to communicate verbally.
90	Presumption as to documents thirty years old	126	Competency of husband and wife as witnesses in certain cases.
90A	Presumption as to electronic records five years old	127	Judges and Magistrates.
91	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document	128	Communications during marriage.
92	Exclusion of evidence of oral agreement	129	Evidence as to affairs of State.
93	Exclusion of evidence to explain or amend ambiguous document	130	Official communications.
94	Exclusion of evidence against application of document to existing facts	131	Information as to commission of offences.
95	Evidence as to document unmeaning in reference to existing facts	132	Professional communications.
96	Evidence as to application of language which can apply to one only of several persons	133	Privilege not waived by volunteering evidence.
97	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies	134	Confidential communication with legal advisers.
98	Evidence as to meaning of illegible characters, etc	135	Production of title-deeds of witness not a party.
99	Who may give evidence of agreement varying terms of document	136	Production of documents or electronic records which another person, having possession, would refuse to produce.
100	Saving of provisions of Indian Succession Act relating to wills	137	Witness not excused from answering on ground that answer will criminate.
101	Burden of proof	138	Accomplice.
102	On whom burden of proof lies	139	Number of witnesses.
103	Burden of proof as to particular fact	140	Order of production and examination of witnesses.
104	Burden of proving fact to be proved to make evidence admissible	141	Judge to decide as to admissibility ofevidence.
105	Burden of proving that case of accused comes within exceptions	142	Examination of witnesses.
106	Burden of proving fact especially within knowledge	143	Order of examinations.
107	Burden of proving death of person known to have been alive within thirty years	144	Cross-examination of person called to produce a document.
108	Burden of proving that person is alive who has not been heard of for seven years	145	Witnesses to character.
109	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent	146	Leading questions.
110	Burden of proof as to ownership	147	Evidence as to matters in writing.
111	Proof of good faith in transactions where one party is in relation of active confidence	148	Cross-examination as to previous statements in writing.
111A	Presumption as to certain offences	149	Questions lawful in cross-examination.
112	Birth during marriage, conclusive proof of legitimacy	150	When witness to be compelled to answer.
113	Proof of cession of territory	151	Court to decide when question shall be asked and when witness compelled to answer.
113A	Presumption as to abetment of suicide by a married woman	152	Question not to be asked without reasonable grounds.
113B	Presumption as to dowry death	153	Procedure of Court in case of question being asked without reasonable grounds.
114	Court may presume existence of certain facts	154	Indecent and scandalous questions.
114A	Presumption as to absence of consent in certain prosecution for rape	155	Questions intended to insult or annoy.
115	Estoppel	156	Exclusion of evidence to contradict answers to questions testing veracity.
116	Estoppel of tenants and of licensee of person in possession	157	Question by party to his own witness.
117	Estoppel of acceptor of bill of exchange, bailee or licensee	158	Impeaching credit of witness.
118	Who may testify	159	Questions tending to corroborate evidence of relevant fact, admissible.
119	Witness unable to communicate verbally	160	Former statements of witness may be proved to corroborate later testimony as to same fact.
120	Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trial	161	What matters may be proved in connection with provedstatement relevant under section 32 or 33.
121	Judges and Magistrates	162	Refreshing memory.
122	Communications during marriage	163	Testimony to facts stated in document mentioned in section159.
123	Evidence as to affairs of State	164	Right of adverse party as to writing used to refresh memory.
124	Official communications	165	Production of documents.
125	Information as to commission of offences	166	Giving, as evidence, of document called for and produced on notice.
126	Professional communications	167	Using, as evidence, of document production of which was refused on notice.
127	Section to apply to interpreters, etc	168	Judge's power to put questions or order production.
128	Privilege not waived by volunteering evidence	169	No new trial for improper admission or rejection of evidence.
129	Confidential communications with legal advisers	170	Repeal and savings.
130	Production of title-deeds of witness not a party
131	Production of documents or electronic records which another person, having possession, could refuse to produce
132	Witness not excused from answering on ground that answer will criminate
133	Accomplice
134	Number of witnesses
135	Order of production and examination of witnesses
136	Judge to decide as to admissibility of evidence
137	Examination-in-chief Cross-examination Re-examination
138	Order of examinations Direction of re-examination
139	Cross-examination of person called to produce a document
140	Witnesses to character
141	Leading questions
142	When they must not be asked
143	When they may be asked
144	Evidence as to matters in writing
145	Cross-examination as to previous statements in writing
146	Questions lawful in cross-examination
147	When witness to be compelled to answer
148	Court to decide when question shall be asked and when witness compelled to answer
149	Question not to be asked without reasonable grounds
150	Procedure of Court in case of question being asked without reasonable grounds
151	Indecent and scandalous questions
152	Questions intended to insult or annoy
153	Exclusion of evidence to contradict answers to questions testing veracity
154	Question by party to his own witness
155	Impeaching credit of witness
156	Questions tending to corroborate evidence of relevant fact, admissible
157	Former statements of witness may be proved to corroborate later testimony as to same fact
158	What matters may be proved in connection with proved statement relevant under section or
159	Refreshing memory
	When witness may use copy of document to refresh memory
160	Testimony to facts stated in document mentioned in section
161	Right of adverse party as to writing used to refresh memory
162	Production of documents
163	Giving, as evidence, of document called for and produced on notice
164	Using, as evidence, of document production of which was refused on notice
165	Judge’s power to put questions or order production
166	Power of jury or assessors to put questions

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