COMPARATIVE

STUDY
PROVISIONS OF THE SHOWING SECTIONS/
AND THE BHARATIYA
INDIAN EVIDENCE ACT, 1872
The Indian Evidence Act, 1872
SAKSHYA ADHINIYAM, 2023
The Bharatiya Sakshya Adhiniyam, 2023
Section Heading Section
1 Short title, extent and 1
Heading
Short title,
Commencement application and

Repeal of enactments [Repealed] 170

Commencement
2
Interpretation clause Repeal and savings
2
3
Definitions
3,p. 1 "Court" 2(1)(a) "Court"
3,p. 2 "Fact" 2(1)(6) "fact"
3,p.3 "Relevant" 2(1)(k) "relevant"
"Facts in issue"
3, p. 4 2(1)(g) "facts in issue"
"Document" 2(1)(d)
3,p.5
"Evidence"
"document"
3,p. 6 2(1)(e) "evidence"
"Proved" 2(1)(()
3, p. 7 "proved"
3, p. 8 "Disproved" 2(1)\c) "disproved"
3, p. 9 "Not proved" 2(1)() "not proved"
3, p. 10 "India"
4, p. 1 "may presume" 2(1)(h) "may presume"
4, p. 2 "Shallpresume" 2(1)(1) "shall presume"
4, p. 3 "Conclusive proof" 2(1)(6) "conclusive proof"
5 Evidence may be given of facts in 3 Evidence may be given of facts in
issue and relevant facts issue and relevant facts

6 Relevancy of facts forming part of 4 Relevancy of facts forming part of

same transaction same transaction

5 Facts which are the occasion, cause

7 Facts which are the occasion,cause
or effect of facts in issue or effect of facts in issue or relevant
facts
8 Motive, preparation and previous 6 Motive, preparation and previous
or subsequent conduct
or subsequent conduct
9 Facts necessary to explain or
Facts necessary to explain introduce fact in issue or relevant
introduce relevant facts
facts

10 8 Things said or done by conspirator

Things said or done by conspirator in reference to common design
in reference to common design otherwise relevant
11 9 When facts not
When facts not otherwise relevant become relevant
become relevant enable Court to
12 10 Facts tending to relevant in
In suits for damages, facts tending determine amount are
to enable Court to determine suits for damages
amount are relevant
p. refer to
paragraph. C-xii
C-xi Comparative Study

The Indian Evidence

Act, 1872 The Bharatiya Sakshya Adhiniyam, 202a
Section
Section Heading Heading
Facts relevant when
right 11 Facts relevant when right or custom
13 is in question
custom is in question
of state of 12 Facts showing existernce of state of
14 Facts showing existence feeling
mind, or of body or bodily
mind, or of body or bodily feelino
question whether 13 Facts bearing on question whether
15 Facts bearing on intentional act was accidental or intentional
or
act was accidental
Existence of course of
business 14 Existence of course of business
16 when relevant
when relevant
Admission defined 15 Admission defined
17

18 Admission by party to proceeding

16 Admission by party to proceeding
or his agent
or his agent
19
Admissions by persons whose 17 Admissions by persons whose
position must be proved as against position must be proved as against
party tO suit party to suit

20 Admissions by persons expressly 18 Admissions by persons expressly

referred to by party to suit referred to by party to suit
Proof of against
admissions 19 Proof of admissions against
21
persons making them, and by or persons making them, and by or
on their behalf on their behalf

22 When oral admissions as to 20 When oral admissions as to

contents of documents are relevant Contents of documents are relevant

22A When oral admission as to contents

of electronic records are relevant
Admissions in civil cases when
23 Adrmissions in civil cases, when 21
relevant relevant

24 Confession caused by inducement, 22 Confession caused by inducement,

threat or promise, when irrelevant threat, coercion or promise, when
in criminal proceeding irrelevant in criminal proceeding
25 Confession to police officer not to 23(1) Confession to police officer
be proved
26 Confession by accused while in 23(2) Confession to police officer
custody of police not to be proved
against him
27 How much of information received Confession to police officer
23(2)
from accused may be proved
28 Confession made after removal of 22 Confession caused by inducement,
impression caused by inducement, threat, coercion or promise, when
threat or promise, relevant irrelevant in criminal proceeding
29
Confession otherwise relevant not 22 Confession caused byinducement,
to become irrelevant because of threat, coercion or promise, when
promise of secrecy, etc. irrelevant in criminal proceeding
 Comparative Study C-xv
Act, 1872
The Indian Evidence The Bharatiya Sakshya Adhiniyam, 2023
Heading Section Heading
Section
Consideration of proved confession 24 Consideration of proved confession
30
affecting person making it and affecting person making it and
others jointly under trial for same others jointly under trial for same
offence offence
Admissions not conclusive proof, 25 Admissions not conclusive proof,
31
but may estop but may estop
Cases in which statement of 26 Cases in which statement of
32
relevant fact by person who is relevant fact by person who is dead
dead or cannot be found, etc., is or cannot be found, etc., is relevant
relevant

33
Relevancy of certain evidence for 27 Relevancy of certain evidence for
proving, in subsequent proceeding, proving, in subsequent proceeding,
the truth of facts therein stated truth of facts therein stated
Entries in books of account, 28 Entries in books of account when
34
including those maintained in an relevant
electronic form when relevant
35 Relevancy of entry in public record 29 Relevancy of entry in public record
or an electronic record made in or an electronic record made in
performance of duty performance of duty
36 Relevancy of statements in maps, 30 Relevancy of statements in maps,
charts and plans charts and plans
Relevancy of statement as to fact of 31 Relevancy of statement as to fact of
37
public nature contained in certain
public nature, contained in certain
Acts or notifications Acts or notifications

Relevancy of statements as to any 32 Relevancy of statements as to

38
law contained in law books any law contained in law books
including electronic or digital form
33 What evidence to be given
39 What evidence to be given when statement forms part of a
when statement forms part of a conversation, document, electronic
conversation, document, electronic
record, book or series of letters or
record, book or series of letters or
papers papers
40 Previous judgments relevant to bar 34 Previous judgments relevant to bar
a second suit or trial
a second suit or trial
41 Relevancy of certain judgments in 35 Relevancy of certain judgments in
probate, etc., jurisdiction
probate, etc., jurisdiction
42 36 Relevancy and effect of judgments,
Relevancy and effect of judgments, orders or decrees, other than
those
orders or decrees, other than those mentioned in section 35
mentioned in section 41
43 Judgments, etc., other than those 37 Judgmernts, etc., other than those
mentioned in sections 34, 35 and
mentioned in sections 40, 41 and 36 when relevant
42, when relevant
44 38 Fraud or collusion in obtaining
Fraud or collusion in obtaining
of judgment, or incompetency of
judgment, or incompetency Court, may be proved
Court, may be proved
Cxvi Comparative Study
Adhiniyam, 2023
The Indian Evidence Act, 1872 The Bharatiya Sakshya
Heading
Section
Section Heading Opinions of experts
39(1)
45 Opinions of experts Opinions of experts
39(1)
45A Opinion of Examiner of Electronic
Facts bearing upon opions of
Evidence
40
46 Facts bearing upon opinions of experts
experts to handwriting and
Opinion aswhen
when 41(1) signature, relevant
47 Opinion as to handwriting,
and
relevant
signature, 41(2) Opinion as to handwriting
signature, when relevant
47A Opinion as to electronic
when relevant
12
of general
Opinion as to existencerelevant
right or
48 Opinion as to existence of custom or right, when
custom, when relevant
etc.,
etc., 43 Opinion as to usages, tenets,
49 Opinion as to usages, tenets, when relevant
when relevant relationship, when
when 44 Opinion On

50 Opinion on relationship, relevant

relevant
45 Grounds of opinion, when relevant
Grounds of opinion, when relevant
In civil cases character to prove
51
46
52 In civil cases character to prove conduct imputed, irelevant
conduct imputed, irrelevant
47 In criminal cases previous good
53 In criminal cases, previous good character relevarnt
character relevant
48 Evidence of character or previous
Evidence of character or previous
53A
in sexual experience not relevant in
sexual experience not relevant certain cases
certain cases
character not 49 Previous bad character not relevant,
54 Previous bad
except in reply
relevant, except in reply
50 Character as affecting damages
55 Character as affecting damages
51 Fact judicially noticeable need not
56 Fact judicially noticeable need not be proved
be proved
52 Facts of which Court shall take
57 Facts of which Court must take
judicial notice
judicial notice
53 Facts admitted need not be proved
58 Facts admitted need not be proved
54 Proof of facts by oral evidence
59 Proof of facts by oral evidence
Oral evidence must be direct 55 Oral evidence to be direct
60
Proof of contents of documents 56 Proof of contents of documents
61
Primary evidence 57 Primary evidence
62
63 Secondary evidence 58 Secondary evidence
64 Proof of documents by primary 59 Proof of documents by primary
evidence evidence

65 Cases in which secondary evidence 60 Cases in which secondary evidence

relating to documents may be relating to documents may be given
given
 Comparative Study C-xvi
Act, 1872
The Indian Evidence The Bharatiya Sakshya
Heading Section
Adhiníyam,
2023
Section Heading
Special provisions as to evidence 62
Special provisions as to evidence
65A
relating to electronic record relating to electronic record
Admissibility of electronic records 63
65B Admissibility of electronic records
Rules as to notice to produce 64 Rules as to notice to produce
66
Proof of signature and handwriting 65 Proof of signature and handwriting
67
of persorn alleged to have signed or of persorn alleged to have signed or
written document produced written document produced
Proof as to electronic signature 66 Proof as to electronic signature
67A
68 Proof of execution of document 67 Proof of execution of document
required by law to be attested required by law to be attested
69 Proof where no attesting witness 68 Proof where no attesting witness
found found
Admission of execution by party to 69 Admission of execution by party to
70
attested document attested document

71 Proof when attesting witness 70 Proof when attes ting witness

denies the execution denies the execution

72
Proof of document not required by 71 Proof of document not required by
law to be attested law to be attested

73 Comparison of signature, writing 72 Comparison of signature, writing

or seal with others admitted or
or seal with others admitted or
proved proved
Proof as to verification of digital
73A Proof as to verification of digital 73

signature signature
74(1) Public and private documents
74 Public documents

75 Private documents 74(2) Public and private documents

of public 75 Certified copies of public documents
76 Certified copies
documents
Proof of documents by production 76 Proof of documents by production
77
of certified copies
of certified copies
Proof of other official documents 77 Proof of other official documents
78
Presumption as to genuineness of 78 Presumption as to genuineness of
79
certified copies
certified copies Presumption as to documents
to documents 79 evidence,
80
Presumption as
produced as record of
produced as record of evidence
etc.
as to Gazettes,
80 Presumption documents
81 Gazettes,
Presumption as to
newspapers, and other
Acts of
newspapers, private
Parliament and other documents Gazettes in
81
Presumption as to
81A Presumption as to Gazettes in electronic or digital record
electronic forms
82 document
Presumption as to
admissible in England without
proof of seal or signature
C-xviii Comparative Study

The Indian Evidence Act, 1872

The Bharatiya Sakshya
Section Adhiniyam, 2072
Section Heading
82
Heading
83 Presumption as to maps or plans
Government Presumption
made
as to
by authority ofmaps or plane
made by authority of Governnen
84 Presumption as to collections
decisions
of 83
Presumption as to collections
laws and reports of
laws and reports of decisions
Presumption as
to powers-of 84
Presumption as to
85
attorney
attorney powers-of.
electronic 85 Presumption as to
85A Presumption
agreements
as to
agreements electroric
electronic 86 Presumption as to
85B Presumption as to
records and electronic signatures
electronic
records and electronic signatures
Presumption as to
Electronic 87 Presumption as to Electronic
85C Signature Certificates
|Signature Certificates
Presumption as to certified copies
88 Presumption as to certified copies
86 of foreign judicial records
of foreign judicial records
Presumption as to books, maps
89 Presumption as to books, maps and
87 charts
and charts

88 Presumption as to telegraphic
messages
electronic 90 Presumption as to electronic
Presumption as to
88A
messages
messages
Presumption as to due execution,
89 Presumption as to due execution, 91
etc., of documents not produced
etc., of documents, not produced
documents 92 Presumption as to documents
90 Presumption as to
thirty years old thirty years old
electronic
90A Presumption as to electronic 93 Presumption as to
records five years old records five years old
91 Evidence of terms of contracts, 94 Evidence of terms of contracts,
grants and other dispositions grants and other dispositions
reduced to form of
of property reduced to form of Of property
document document

92 Exclusion of evidence of oral 95 Exclusion of evidence of oral

agreement agreemernt
93 Exclusion of evidence to explain or 96 Exclusion of evidence toexplain or
amend ambiguous document amend ambiguous document
94 Exclusion of evidence against 97 Exclusion of evidence against
application of document to existing application of document to existing
facts facts
document
95 Evidence as to document 98 Evidence as to
unmeaning in referernce to existing unmeaning in reference to existing
facts facts
of
96 Evidence as to application of 99 Evidence as to application
language which can apply to one language which can apply to orne
only of several persons only of several persons
 Comparative Study C-xix
Evidence Act,1872 The Bharatiya Sakshya
The Indian Adhiniyam, 2023
Heading Section
Section Heading
Evidence as to application of 100
Evidence as to
language to one ofapplication
of of
language to one of twO sets
97
two sets of
facts, to neither of which the whole facts, to neither of which the whole
correctly applies correctly applies
98
Evidence as to meaning of illegible 101
Evidence as to meaning of illegible
characters, etc. characters, etc.
Who may give evidence 102 Who may give evidence of
99 varying terms of
agreement agreement varying terms of
document document

100 Saving of provisions of Indian 103 Saving of provisions of Indian

Succession Act relating to wills Succession Act relating to wills
101
Burden of proof 104 Burden of proof
102 On whom burden of proof lies 105 On whom burden of proof ies
103
Burden of proof as to particular 106 Burden of proof as to particular
fact fact
Burden of proving fact to be proved 107 Burden of proving fact to be proved
104
to make evidence admissible to make evidence admissible

105
Burden of proving that case of 108 Burden of proving that case of
accused comes within exceptions accused comes within exceptions
106 Burden of proving fact especially 109 Burden of proving fact especially
within knowledge within knowledge
107 Burden of proving death of person 110 Burden of proving death of person
known to have been alive within known to have been alive within
thirty years thirty years
108 Burden of proving that person is 111 Burden of proving that person is
alive who has not been heard of alive who has not been heard of for
for seven years seven years

112 Burden of proof as to relationship

109 Burden of proof as to relationship
in the cases of partners, landlord in the cases of partners, landlord
and tenant, principal and agent and tenant, principal and agent
113 Burden of proof as to ownership
110 Burden of proof as to ownership
111 Proof of good faith in transactions 114 Proof of good faith in trarnsactions
where one party is in relation of where one party is in relation of
active confidence
active confidence
111A Presumption as to certain offences 115 Presumption as to certain offences
112 Birth during marriage, conclusive 116 Birth during marriage, conclusive
proof of legitimacy
proof of legitimacy
113 Proof of cession of territory
113A 117 Presumption as to abetment of
Presumption as to abetment of suicide by a married woman
suicide by a married woman
113B 118 Presumption as to dowry death
Presumption as to dowry death existence of
114 119 Court may presume
Court may presume existence of certain facts
certain facts
C-xx
Comparative Study
The Indian Evidence Act, 1872 The Bharatiya Sakshya
Section Heading Section
Adhiniyam, 2023
114A Presumption as to absence of
Heading
120 Presumption as to absence
consent in certain prosecution for consentin certain
prosecution for
rape rape
115 Estoppel 121 Estoppel
116 Estoppel of tenant; and of licensee 122 Estoppel of tenants and of license
of person in possession of person in possession
117 Estoppel of acceptor of bill of 123 Estoppel of acceptor of bill of
exchange, bailee or licensee exchange, bailee or licensee
118 Who may testify 124 Who may testify
119 Witness unable to communicate 125 Witness unable to communicate
verbally verbally
Parties to civil suit, and their wives 126 Competency of husband and wife
120
or husbands. Husband or wife of as witnesses in certain cases

person nder criminal trial

121 Judges and Magistrates 127 Judges and Magistrates
122 Communications during marriage 128 Communications during marriage
Evidence as to affairs of State 129 Evidence as to affairs of State
123
124 Official communications 130 Official communications
Information as to commission of 131 Information as to commission of
125
offences
offences
126 Professional communications 132(1)/(2) Professional communications
132(3) Professional communications
127 Section 126 to apply to interpreters,
etc.
waived by
128 Privilege not waived by 133 Privilege not

volunteering evidence volunteering evidence

Confiderntial communications with 134 Confidential communication with
129
legal advisers legal advisers
Production of title-deeds of witness 135 Production of title-deeds of witness
130
not a party not a party
Production of documents 136 Production documents Or
131
electronic records which another electronic records which another
person, having possession, could person, having possession, could
refuse to produce refuse to produce
excused from 137 Witness not excused from
132 Witness not
answering on ground that answer answering on ground that answer
will criminate willcriminate

133 Accomplice 138 Accomplice

134 Number of witnesses 139 Number of witnesses
and
135 Order of production and 140 Order of production
examination of witnesses examination of witnesses

136 Judge to decide as to admissibility 141 Judge to decide as to admissibilitv

of evidence of evidence
 Comparative Study C-xxi
23 The Indian Evidence Act, 1872 The Bharatiya Sakshya
Section Heading Section
Adhiniyam, 2023
Examination-in-chief 142
Heading
of 137 Examination of witnesses
for 138
Order of examinations 143 Order of examinations
139 Cross-examination of person called 144
Cross-examination of person called
to produce a document to produce a document
see Witnesses to character 145
140 Witnesses to character
141 Leading questions 146(1) Leading questions
of When they must not be asked
142 146(2)/(3)| Leading questions
143
When they may be asked 146(4) Leading questions
144
Evidence as to matters in writing 147 Evidence as to matters in writing
ate Cross-examination as to previous 148 Cross-examination as to previous
145
statements in writing statements in writing
fe lawful in 149
146 Questions Cross Questions lawful in Cross
examination examination

147
When witness to be compelled to 150 When witness to be compelled to
answer answer

148 Court to decide when question 151 Court to decide when question
shall be asked and when witness shall be asked and when witness
compelled to answer compelled to answer
Question not to be asked without
149 Question not to be asked without 152
reasonable grounds reasonable grounds
Procedure of Court in case of 153 Procedure of Court in case of
150
question being asked without question being asked without
reasonable grounds
reasonable grounds
154 Indecent and scandalous questions
151 Indecent and scandalous questions
Questions intended to insult or 155 Questions intended to insult or
152
annoy
annoy
156 Exclusion of evidence to contradict
153 Exclusion of evidence to contradict answers to questions testing
answers to questions testing
veracity
veracity
157 Question by party to his own
154 Question by party to his own witness
witness
158 Impeaching credit of witness
155 Impeaching credit of witness corroborate
159 Questions tending to admissible
156 Questions tending to corroborate evidence of relevant fact,
evidence of relevant fact, admissible witness may
160 Former statements of later
Former statements of witness may corroborate
157 be proved to
be proved to corroborate later testimony as to same fact
testimony as to same fact be proved in
161 What natters may proved statement
158 What matters may be proved in connection with
statement 26 or 27
connection with proved relevant under section
relevant under section 32 or 33 Refreshing memory
162
159
Refreshing memory
C-xxii Comparative Study
The Indian Evidence Act, 1872 The Bharatiya Sakshya
Section Heading Section Adhiniyam, 202
160 Testimony to facts stated in 163
Heading
Testimony to facts stated in
document mentioned in section
159
document mentioned in section 16
161 Right of adverse party as to writing 164 Right of adverse party as to writing
used to refresh memory used to refresh memory
162 Production of documents 165 Production of documents
163 Giving, as evidence, of document 166 Giving, as evidence, of document
called for and produced on notice called for and produced on notice
164 Using, as evidence, of document, 167 Using, as evidernce, of document
production of which was refused production of which was refused
on notice on notice
165 Judge's power to put questions or 168 Judge's power to put questions or
order production order production
166 Power of jury or assesSors to put
questions
167 No new trial for
improper 169 No new trial for
admission or rejection of evidence admission or rejection of improper
evidence
 COMPARATIVE STUDY SHOWING
SECTIONS/PROVISIONS OF
THE B
BHARATIYA SAKSHYA ADHINIYAM, 2023
AND THE INDIAN EVIDENCE ACT, 1872
Adhiniyam, 2023 The Indian Evidence Act, 1872
The Bharatiya Sakshya
Heading Section
Section
title, application and 1
Heading
Short Short title, extent and
1 Commencement Commencement
Definitions 3 Interpretation clause
2(1)
2(1)Va) "Court" 3, p. 1 "Court"
2(1)(b) "conclusive proof" 4, p. 3 "Conclusive proof
2(1)\c) "disproved" 3, p. 8 "Disproved"
2(1)\d) "document" 3, p. 5 "Document"
2(1)Me) 'evidence" 3, p. 6 "Evidence"
"fact" 3, p. 2 "Fact"
2(1)()
"facts in issue" 3, p. 4 "Facts in issue"
2(1)(g)
"may presume" 4 p. 1 "may presume"
2(1)(h)
2(1)(i) "not proved" 3,p.9 "Not proved"
"proved" 3, p. 7 "Proved"
2(1)(;)
2(1)(k) "relevant" 3, p. 3 "Relevant"
2(1)1) "shall presume" 4 p. 2 "Shall presume"
2(2) Words and Expressions
3 Evidence may be given of facts in Evidence may be given of facts in
issue and relevant facts issue and relevant facts

4 Relevancy of facts forming part of Relevancy of facts forming part of

same transaction same transaction
7 Facts which are the occasion, cause
5 Facts which are the occasion, cause
or effect of facts in issue or relevant or effect of facts in isSue
facts
6 Motive, preparation and previous Motive, preparation and previous
or subsequent conduct
or subsequent conduct
Facts necessary to explain Or 9 Facts necessary to explain Or

introduce relevarnt facts

introduce fact in issue or relevant
facts
8 Things said or done by conspirator 16 Things said or done by conspirator
in reference to common design in reference to common design
relevant
9 11 When facts not otherwise
When facts not otherwise relevant
become relevant
become relevant
tending
In suits for damages, factsdetermine
10 Facts tending to enable Court to 12 to
to enable Court
determine amount are relevant in amount are relevant
suits for damages custom
11 13 Facts relevant when right or
Facts relevant when right or custom
is in question in question
*p. refer to paragraph.
C-xxiii
 Comparative Study
C-xxiv
The Indian Evidence Act, 1872
The Bharatiya Sakshya Adhiniyam, 2023
Section Heading
Section
Heading
of 14 Facts showing existence
12 Facts showing existence of state mind, or of body or state of
mind, or of body or bodily feeling
15
bodily feeling
Facts bearing on question whether
whether
13 Facts bearing on question
intentional act was accidental or intentional
act was accidental or
Existence of course of
14 Existence of course of
when relevant
business 16
when relevant business
17 Admission defined
15 Admission defined
Admission by party to proceeding 18 Admission by party to proceeding
16 or his agent
or his agent
19 Admissions by persons whose
17 Admissions by persons whose position must be proved as against
position must be proved as against party to suit
party to suit
20 Admissions by persons expressly
18 Admissions by persons expressly referred to by party to suit
referred to by party to suit
21 Proof of admissions against persons
19 Proof of against
admissions
making them, and by or on their
persons making them, and by or behalf
on their behalf
22
When oral admissions as to
When oral admissions as to
20
contents of documents are relevant
contents of documents are relevant
Admissions in civil cases when 23 Admissions in civil cases, when
21
relevant
relevant
Confession caused by inducement, 24 Confession caused by inducement,
threat, coercion or promise, whern threat or promise, when irrelevant
irrelevant in criminal proceeding in criminal proceeding
28 Confession made after removal of
impression caused by inducement,
threat or promise, relevant
Confession otherwise relevant not
29
to become irrelevant because of
promise of secrecy, etc.
25 Confession to police officer not to
23(1) Confession to police officer
be proved
Confession to police officer 26 Confession by accused while in
23(2)
custody of police not to be proved
against him

27
How much of information received
from accused may be proved
30 Consideration of proved confession
Consideration of proved confession
24
affecting person making it sameand
affecting person making it and others jointly under trial for
others jointly under trial for same offence
offence
Admissions not conclusive proof, 31 Admissions not conclusive proot,
25
but may estop
but may estop
 The Bharatiya Sakshya
Comparative Study Cxxv

Section
Adhiniyam, 2023 The Indian Evidence Act, 1872
Heading Section Heading
26 Cases in which
relevant fact by personstatement
of 32 Cases in which statement of
or cannot be found, etc.,who
is dead
is relevant relevant fact by person who is dead
or cannot be found, etc., is relevant
27 Relevancy of certain evidence for 33
proving, in subsequent proceeding, Relevancy of certain evidence for
truth of facts therein stated proving,in subsequent proceeding,
the truth of facts therein stated
28 Entries in bookS of account when 34 Entries in books of account
relevant
including those maintained in an
electronic form when relevant
29 Relevancy of entry in public record 35 Relevancy of entry in public record
or an electronic record made in
or an electronic record made in
performance of duty performance of duty
30 Relevancy of statements in maps, 36 Relevancy of statements in maps,
charts and plans charts and plans
31 Relevancy of statement as to fact of 37 Relevancy of statement as to fact of
public nature contained in certain public nature, contained in certain
Acts or notifications Acts or notifications
32 Relevancy of statements as to 38 Relevancy of statements as to any
any law contained in law books law contained in law books
including electronic or digital form
33 What evidence to be given What evidence to be given
when statement forms part of a when statement forms part of a
conversation, document, electronic conversation, document, electronic
record, book or series of letters or record, book or series of letters or
papers papers
Previous judgments relevant to bar 40 Previous judgments relevant to bar
34
a second suit or trial a second suit or trial

35 Relevancy of certain judgmernts in 41 Relevancy of certain judgments in

probate, etc., jurisdiction
probate, etc., jurisdiction
42 Relevancy and effect of judgments,
36 Relevancy and effect of judgments,
orders or decrees, other than those orders or decrees, other than those
mentioned in section 41
mentioned in section 35
Judgments, etc., other than those
37 Judgments, etc., other than those 43
mentioned in sections 40, 41 and
mentioned in sections 34, 35 and 42, when relevant
36 when relevant
Fraud or collusion in obtaining 44 Fraud or collusion in obtaining
38
judgment, or incompetency of
judgment, or incompetency of Court, may be proved
Court, may be proved
45 Opinions of experts
39(1) Opinions of experts of Examiner of Electronic
45A Opinion
39(2) Opinions of experts Evidence
opinions of
46 Facts bearing upon
40 Facts bearing upon opinions of experts
experts handwriting, when
and 47 Opinion as to
41(1) Opinion as to handwriting relevant
Signature, when relevant
C-xxvi Comparative Study
The Bharatiya Sakshya Adhiniyam, 2023 The Indian Evidence Act, 1872
Section Heading Section Heading
41(2) Opinion as to handwriting and 47A Opinion as to electronic signature
when relevant
Signature, when relevant
48 Opinion as to existence of right or
42 Opinion as to existence of general custom, when relevant
custom or right, when relevant
49 Opinion as to usages, tenets, etc.
43 Opinion as to usages, tenets, etc., when relevant
when relevant
50 Opinion on relationship, when
44 Opinion On relationship, when relevant
relevant
51 Grounds of opinion, when relevant
45 Grounds of opinion, when relevant
In ivil cases character to prove 52 In civil cases character to prove
46
conduct imputed, irrelevant conduct imputed, irrelevant
53 In criminal cases, previous good
47 In criminal cases previous good character relevant
character relevant
53A Evidence of character or previous
Evidence of character or previous
48 sexual experience not relevant in
sexual experience not relevant in certain cases
certain cases
54
Previous bad character not relevant,
49 Previous bad character not relevant,
except in reply
except in reply
55 Character as affecting damages
50 Character as affecting damages
56 Fact judicially noticeable need not
51 Fact judicially noticeable need not be proved
be proved
57 Facts of which Court must take
52 Facts of which Court shall take
judicial notice
judicial notice
Facts admitted need not be proved 58 Facts admitted need not be proved
53
59
Proof of facts by oral evidence
54 Proof of facts by oral evidence
60
Oral evidence mnust be direct
55 Oral evidence to be direct
Proof of contents of documents
61
56 Proof of contents of documents
62 Primary evidence
57 Primary evidence
63 Secondary evidence
58 Secondary evidence
64 Proof of documents by primary
59 Proof of documents by primary
evidence
evidence
65 Cases in which secondary evidence
60 Cases in which secondary evidence relating todocuments may be given
relating todocuments may be given
61 Electronicor digital record
evidence
65A Special provisions as to
62 Special provisions as to evidence relating to electronic record
relating to electronic record
Admissibility of electronic records 65B Admissibility of electronic records
63
Rules as to notice to produce 66 Rules as to notice to produce
64
 Comparative Study C-xxvii
The Bharatiya Sakshya Adhiniyam, 2023 The Indian Evidence Act, 1872
Section Heading Section Heading
65 Proof of signature and handwriting 67 Proof of signature and hand-writing
of person alleged to have signed or
written document produced of person alleged to have signed or
written document produced
66 Proof as to electronic signature 67A Proof as to electronic signature
67 Proof of execution of document 68 Proof of execution of document
required by law to be attested required by law to be attested
68 Proof where no attesting witness 69 Proof where no attesting witness
found found
69 Admission of execution by party to 70 Admission of execution by party to
attested document attested documernt
70 Proof when attesting witness 71 Proof when attesting witness
denies execution denies the execution
71 Proof of document not required by 72 Proof of document not required by
law to be attested law to be attested

72 Comparison of signature, writing 73 Comparison of signature, writing

or seal with others admnitted or or seal with others admnitted or
proved proved

73 Proof as to verification of digital 73A Proof as to verification of digital

signature signature
74(1) Public and private documents 74 Public documents

Public and private documents 75 Private documents

74(2)
75 Certified copies ofpublic documents 76 Certified copies of public documents
76 Proof of documents by production 77 Proof of documents by production
of certified copies of certified copies
Proof of other official documents 78 Proof of other official documents
77
78 Presumption as to genuineness of 79 Presumption as to genuineness of
certified copies certified copies
to documents
79 Presumption as to documents 80 Presumption as
produced as record of evidence
produced as record of evidence,
etc.
80 Presumption as to Gazettes, 81 Presumption as to Gazettes,
private Acts o
newspapers, and other documents newspapers,
Parliament and other documents

81 Presumption as to Gazettes in 81A Presumption as to Gazettes in

electronic forms
electronic or digital record
82
Presumption as to maps or plans 83 Presumption as to maps or plans
made by authority of Government made by authority of Government
83
Presumption as to collections of 84 Presumption as to collections of
laws and reports of decisions laws and reports of decisions
84
Presumption as to powers-of 85 Presumption as to powers-of
attorney attorney
85
Presumption as to electronic to electronic
85A Presumption as

agreements agreements
C-xxviii Comparative Study
1872
The Indian Evidence Act,
The Bharatiya Sakshya Adhiniyam, 2023 Heading
Section Section
Heading Presumption as to electronic
85B
86
Presumption as to electronic records and electronic signatures
records and electronicsignatures
85C
Presumption as to Electronic
87 Electroni Signature Certificates
Presumption as to
Signature Certificates Presumption as to certified copies
86 records
88 Presumption as to certified copies of foreign judicial
of foreign judicial records 87 Presumption as to books, maps and
89 Presumption as to books, maps and charts
charts as to electronic
88A Presumption
Presumption as
to electronic
90 messages
messages
89 Presumption as to due execution,
execution, produced
91 Presumption as to due etc., of documents, not
not produced
etc., of documents Presumption as
to documents
to documents 90
92 Presumption as thirty years old
thirty years old as to electronic
electronic 90A Presumption
93 Presumption as to
records five years old
records five years old contracts,
91 Evidence of terms of
contracts, dispositions
94 Evidence of terms of grants and other
grants and other dispositions reduced to form of
to form of of property
of property reduced document
document
92 Exclusion of evidence of oral
95 Exclusion of evidence of oral agreement
agreement
93 Exclusion of evidence to explain or
96 Exclusion of evidence to explain or amend ambiguous document
amend ambiguous document
94
Exclusion of evidence against
Exclusion of evidence against
97 application of document to existing
application of document to existing facts
facts
Evidence as to document
to document 95
Evidence
unmeaning in reference to existing
98 as

unmeaning reference to existing facts

facts
Evidence as to application of 96 Evidence as to application of
language which can apply to one
99
language which can apply to one only of several persons
only of several persons
Evidence as to application of 97 Evidence as to application of
100
language to one of two sets of
language to one of two sets of
facts, to neither of which the whole facts, to neither of which the whole
correctly applies correctly applies
Evidence as to meaning of illegible 98 Evidence as to meaning of illegible
101
characters, etc.
characters, etc.
give evidence of
102 Who may give evidence of 99 Who may of
terms
agreement varying terms of agreement varying
document document
 The Bharatiya Sakshya Comparative Study
Section Adhiniyam, 2023 The Indian C-xxix
103
Heading Section Evidence Act, 1872
Saving of provisions of Indian Heading
Succession Actrelating to wills
100
Saving of provisions of Indian
104 Burden of proof
101
Succession Act relating to wills
105 On whom burden of proof lies Burden of proof
102 On whom
106 Burden of proof as to burden of proof lies
fact particular 103
Burden of proof as to
fact particular
107 Burden of proving fact to be
to make evidence proved 104
admissible Burden
to
of proving fact to be
proved
make evidence admissible
108 Burden of
proving that case of 105
accused comes within Burden of proving that case of
exceptions accused comes within exceptions
109 Burden of proving fact especially 106
within knowledge Burden of proving fact especially
within knowledge
110 Burden of proving death of person 107
known to have been alive within Burden of proving death of person
thirty years known to have been alive within
thirty years
111 Burden of proving that person is 108 Burden of proving that person is
alive who has not been heard of for alive who has not been heard of
seven years
for seven years
112 Burden of proof as to relationship 109 Burden of proof as to relationship
in the cases of partners, landlord in the cases of partners, landlord
and tenant, principal and agent and tenant, principal and agent
113 Burden of proof as to ownership 110 Burden of proof as to ownership
114 Proof of good faith in transactions 111 Proof of good faith in transactions
where one party is in relation of where one party is in relation of
active confidence active confidence
115 Presumption as to certain offences 111A Presumption as to certain offences
116 Birth during marriage, conclusive 112 Birth during marriage, conclusive
proof of legitimacy proof of legitimacy
117 Presumption as to abetment of 113A Presumption as to abetment of
suicide by a married woman suicide by a married woman
118 Presumption as to dowry death 113B Presumption as to dowry death
119 Court may presume existence of 114 Court may presume existence of
certain facts
certain facts
120 Presumption as to absence of 114A Presumption as to absence of
consent in certain prosecution for
Consent in certain prosecution for
rape
rape
121 Estoppel
115 Estoppel
116 Estoppel of tenant; and of licensee
122 Estoppel of tenants and of licensee of person in possession
of person in possession
of 117 Estoppel of acceptor of bill of
123 Estoppel of acceptor of bill exchange, bailee or licensee
exchange, bailee or licensee
C-xxx Comparative Study
The Bharatiya Sakshya Adhiniyam, 2023 The Indian Evidence Act, 1872
Section Heading Section
Heading
124 Who may testify 118 Whomay testify
125 Witness unable to communicate 119 Witness unable to
126
verbally
Competency of husband and wife 120
verbally Communicate
Parties to civil suit, and their
as witnesses in certain cases or husbands. Husband or wifewiveso
person under criminal trial
127 Judges and Magistrates 121 Judges and Magistrates
128 Communications during marriage 122
Communications during marriage
129 Evidence as to affairs of State 123 Evidence as to affairs of State
130 Official communications 124 Official communications
131 Information as to commission of 125 Information as to commission of
offences offences
132(1/(2) Professional communications 126 Professional communications
132(3) Professional communications 127 Section 126 to apply to interpreters,
etc.
133 Privilege not waived by 128
Privilege not waived by
volunteering evidence volunteering evidence
134 Confidential communication with 129 Confidential communications with
legal advisers legal advisers
135 Production of title-deeds of witness 130 Production of title-deeds of witness
not a party not a party
136 Production of documents or 131 Production of documents or
electronic records which another electronic records which another
person, having possession, could person, having possession, could
refuse to produce refuse to produce
137 Witness not excused from 132 Witness not excused from
answering on ground that answer answering on ground that answer
will criminate will criminate
138 Accomplice 133 Accomplice
139 Number of witnesses 134 Number of witnesses
140 Order of production and 135 Order of production and
examination of witnesses examination of witnesses
141 Judge to decide as toadmissibility 136 Judge to decide as to admissibility
of evidence of evidence
142 Examination of witnesses 137 Examination-in-chief
143 Order of examinations 138 Order of examinations
144 Cross-examination of person called 139 Cross-examination of person called
to produce a document to produce a document
145 Witnesses to character 140 Witnesses to character

146(1)Leading questions 141 Leading questions

146(2)/(3)| Leading questions 142 When they must not be asked
 Comparative Study C-xxxi
The Bharatiya Sakshya Adhiniyam, 2023 The Indian Evidence Act,
1872
Section Heading Section
146(4) Leading questions 143
Heading
When they may be asked
147 Evidence as to matters in writing 144
Evidence as to matters in writing
148 Cross-examination as to previous 145
Cross-examination as to previous
statements in writing statements in writing
149 Questions lawful in Cross 146 Questions lawful in Cross
examination examination
150 When witness to be compelled to 147 When witness to be compelled to
answer answer

151 Court to decide when question 148 Court to decide when question
shall be asked and when witness shall be asked and when witness
compelled to answer compelled to answer
152 Question not to be asked without 149 Question not to be asked without
reasonable grounds reasonable grounds
153 Procedure of Court in case of 150 Procedure of Court in case of
question being asked without question being asked without
reasonable grounds reasonable grounds
154 Indecent and scandalous questions 151 Indecent and scandalous questions
155 Questions intended to insult or 152 Questions intended to insult or
annoy annoy
156 Exclusion of evidence to contradict 153 Exclusion of evidence to contradict
answers to questions testing answers to questions testing
veracity veracity
157 Question by party to his own 154 Question by party to his own
witness witness

158 Impeaching credit of witness 155 Impeaching credit of witness

159 Questions tending to corroborate 156 Questions tending to corroborate
evidence of relevant fact, admissible evidence of relevant fact,admissible

Former statements of witness may 157 Former statements of witness may

160
be proved to corroborate later be proved to corroborate later
testimony as to same fact
testimony as to same fact
158 [Link] may be proved in
161 What matters may be proved in connection with proved statement
Connection with proved statemernt relevant under section 32 or 33
relevant under section 26 or 27
159 Refreshing memory
162 Refreshing memory
facts stated in 160 Testimony to facts stated in
163 Testimony to document mentioned in section 159
162
document mentioned in section
161 Right of adverse party as to writing
164 Right of adverse party as to writing used to refresh memory
used to refresh memory Production of documents
Production of documents 162
165
document 163 Giving, as evidence, of document
166 Giving, as evidence, of called for and produced on notice
notice
called forand produced on
 Comparative Study
Cxxxii
Adhiniyam, 2023 The Indian Evidence Act, 1872
The Bharatiya Sakshya
Section
Section
Heading
164
Heading
evidence, of document Using, as evidence, of
167 Using, as
production of
on notice
which was refused production of which was
on notice docurmefeunsedt,)
questions or 165 Judge's power to put questions or
168 Judge's power toput order production
order production
trial for improper 167 No new
trial foT 1mproper
169 No new
evidence admission or rejection of evidene
admissiorn or rejection of
Repeal of enactments [Repealed]
170
Repeal and savings