Comparison Table-Wise of

Sections & Provision

------------------------------------------------
Indian Evidence Act,
1872
&
Bharatiya Sakshya
Adhiniyam, 2023
------------------------------------------------
By:
Adv. Ayush Jain
(Law Faculty for Judiciary, BALLB, LLM)

Founder: Smart & Legal Guidance

 Indian Evidence Act, 1872 The Bharatiya Sakshya Adhiniyam, 2023
Section Heading Clause Heading

1 Short title, extent and commencement 1 Short title, application and commen
cement

2 Repeal of enactments — —

3 Interpretation clause 2 Definitions

4 “May presume” 2 Definitions

5 Evidence may be given of facts in issue 3 Evidence may be given of facts in issue
and relevant facts and relevant facts

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
6 Relevancy of facts forming part ofsame 4 Relevancy of facts forming part of same
transaction transaction

7 Facts which are the occasion, cause or 5 Facts which are the occasion, cause or
effect of facts in issue. effect of facts in issue or relevant facts

8 Motive, preparation and previous or 6 Motive, preparation and previous or

subsequent conduct subsequent conduct

9 Facts necessary to explain or introduce 7 Facts necessary to explain or introduce

relevant facts fact in issue or relevant facts

10 Things said or done by conspiratorin 8 Things said, done by conspirator in

reference to common design reference to common design

11 When facts not otherwise relevantbecome 9 When facts not otherwise relevant b
relevant ecome relevant

12 In suits for damages, facts tending to 10 Facts tending to enable Court to de

t
enable Court to determine amount are ermine amount are relevant in suits for
relevant damages

13 Facts relevant when right or custom is 11 Facts relevant when right or customis
in question in question

14 Facts showing existence of state ofmind, 12 Facts showing existence of state ofmind,
or of body or bodily feeling or of body of bodily feeling

15 Facts bearing on question whetheract 13 Facts bearing on question whether act

was accidental or intentional was accidental or intentional

16 Existence of course of business when 14 Existence of course of business when

relevant relevant

17 Admission defined 15 Admission defined

18 Admission by party to proceedingor 16 Admission by party to proceeding orhis

his agent agent

19 Admissions by persons whose posi tion 17 Admissions by persons whose positi on

must be proved as against party to suit must be proved as against party to suit

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
20 Admissions by persons expressly r 18 Admissions by persons expressly referred
eferred to by party to suit to by party to suit

21 Proof of admissions against perso ns 19 Proof of admissions against persons

making them, and by or on thei r making them, and by or on their beh alf
behalf

22 When oral admissions as to contents 20 When oral admissions as to contents of

of documents are relevant documents are relevant

22A When oral admissions as to conte nts — —

of electronic records are relevant

23 Admissions in civil cases, when rel 21 Admissions in civil cases when relevant
evant

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

threa or promise, when irrelevant in hreat coercion or promise, when irr
t ,
criminal proceeding elevant in criminal proceeding

25 Confession to police officer not to be 23 Confession to police officer

proved

26 Confession by accused while in — —

custody of Police not to be proved
against him

27 How much of information receivedfrom — —

accused may be proved

28 Confession made after removal of i — —

mpression caused by inducement, threat
or promise, relevant

29 Confession otherwise relevant no to — —

t
become irrelevant because of pr omise
of secrecy, etc.

30 Consideration of proved confessio n 24 Consideration of proved confession

affecting person making it and o thers affecting person making it and othe rs
jointly under trial for same o ffence jointly under trial for same offence

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
31 Admissions not conclusive proof, but 25 Admissions not conclusive proof, but
may estop may estop

32 Cases in which statement of relevant 26 Cases in which statement of facts in

fact by person who is dead or ca nnot be issue or relevant fact by person who is
found, etc., is relevant dead or cannot be found, etc., is re levant

33 Relevancy of certain evidence for 27 Relevancy of certain evidence for

proving, in subsequent proceeding, the proving,in subsequent proceeding, th e
truth of facts therein stated truth of facts therein stated

34 Entries in books of account includ ing 28 Entries in books of account when re

those maintained in an electro nic levant
form when relevant

35 Relevancy of entry in public recordor 29 Relevancy of entry in public record or

an electronic record made in per an electronic record made in perfo
formance of duty rmance of duty

36 Relevancy of statements in maps,charts 30 Relevancy of statements in maps, charts

and plans and plans

37 Relevancy of statemen as to fact o f 31 Relevancy of statement as to fact of

t
public nature contained in certai n public nature contained in certain Acts
,
Acts or notifications or notifications

38 Relevancy of statements as to anylaw 32 Relevancy of statements as to any law

contained in law books contained in law books including
electronic or digital form

39 What evidence to be given when st 33 What evidence to be given when sta

atemen forms part of a conversati on, tement forms part of a conversation,
t
document, electronic record, bo ok or document, electronic record, book or
series of letters or papers series of letters or papers

40 Previous judgments relevant to bara 34 Previous judgments relevant to bara

second suit or trial second suit or trial

41 Relevancy of certain judgments in 35 Relevancy of certain judgments in p

probate, etc., jurisdiction robate, etc., jurisdiction

42 Relevancy and effect of judgments, 36 Relevancy and effect of judgments,

orders or decrees, othe tha thos orders or decrees, othe tha thos
r n e r n e
mentioned in section 41 mentioned in section 35

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
43 Judgments, etc., other than those 37 Judgments, etc., othe tha thos m
r n e
mentioned in sections 40 to 42, when entioned in sections 34, 35 and 36 w hen
relevant relevant

44 Fraud or collusion in obtaining jud 38 Fraud or collusion in obtaining judg

gment, or incompetency of Court, may ment, or incompetency of Court, ma y
be proved be proved

45 Opinions of experts 39 Opinions of experts

45A Opinion of Examiner of Electronic — —

Evidence

46 Facts bearing upon opinions of experts 40 Facts bearing upon opinions of experts

47 Opinion as to handwriting, when r 41 Opinion as to hand-writing and digital

elevant signature, when relevant

47A Opinion as to electronic signaturewhen — —

relevant

48 Opinion as to existence of right or 42 Opinion as to existence of general custom

custom, when relevant or right, when relevant

49 Opinions as to usages, tenets, etc., when 43 Opinion as to usages, tenets, etc., when
relevant relevant

50 Opinion on relationship, when relevant 44 Opinion on relationship, when relevant

51 Grounds of opinion, when relevant 45 Grounds of opinion, when relevant

52 In civil cases character to prove conduct 46 In civil cases character to prove conduct
imputed, irrelevant imputed, irrelevant

53 In criminal cases, previous good c 47 In criminal cases previous good character

haracter relevant relevant

53A Evidence of character or previous 48 Evidence of character or previous se xual

sexual experience not relevant in certain experience not relevant in certain cases
cases

54 Previous bad character not relevant, 49 Previous bad character no relevant,

t
except in reply except in reply

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
55 Character as affecting damages 50 Character as affecting damages

56 Fact judicially noticeable need notbe 51 Fact judicially noticeable need not be
proved proved

57 Facts of which Court must take judicial 52 Facts of which Court shall take judicial
notice notice

58 Facts admitted need not be proved 53 Facts admitted need not be proved

59 Proof of facts by oral evidence 54 Proof of facts by oral evidence

60 Oral evidence must be direct 55 Oral evidence to be direct

61 Proof of contents of documents 56 Proof of contents of documents

62 Primary evidence 57 Primary evidence

63 Secondary evidence 58 Secondary evidence

64 Proof of documents by primary evi 59 Proof of documents by primary evidence

dence

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

relating to documents may be give n elating to documents may be given

65A Special provisions as to evidence r 62 Special provisions as to evidence relating

elating to electronic record to electronic record

65B Admissibility of electronic records 61, 63 Admissibility of electronic or digital

record

Admissibility of electronic records

66 Rules as to notice to produce 64 Rules as to notice to produce

67 Proof of signature and handwriting 65 Proof of signature and handwritingof

of person alleged to have signed or person alleged to have signed or written
written document produced document produced

67A Proof as to electronic signature 66 Proof as to electronic signature

68 Proof of execution of document req 67 Proof of execution of document required

uired by law to be attested by law to be attested

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
69 Proof where no attesting witness found 68 Proof where no attesting witness found

70 Admission of execution by party to 69 Admission of execution by party to

attested document attested document

71 Proof when attesting witness denies 70 Proof when attesting witness denies the
the execution execution

72 Proof of document no required bylaw 71 Proof of document not required by law to

t
to be attested be attested

73 Comparison of signature, writing or 72 Comparison of signature, writing orseal

seal with others admitted or prov ed with others admitted or proved

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

gnature nature

74 Public documents 74 Public and private documents

75 Private documents 74 Public and private documents

76 Certified copies of public documents 75 Certified copies of public documents

77 Proof of documents by productionof 76 Proof of documents by production of

certified copies certified copies

78 Proof of other official documents 77 Proof of other official documents

79 Presumption as to genuineness of 78 Presumption as to genuineness of certified

certified copies copies

80 Presumption as to documents produced 79 Presumption as to documents produced as

as record of evidence record of evidence, etc.

81 Presumption as to Gazettes, newsp 80 Presumption as to Gazettes, newspapers,

apers, private Acts of Parliament a nd and other documents
other documents

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

forms or digital record

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
82 Presumption as to document admi ssible — —
in England without proof of seal or
signature

83 Presumption as to maps or plans made 82 Presumption as to maps or plans made by

by authority of Government authority of Government

84 Presumption as to collections of laws 83 Presumption as to collections of laws

and reports of decisions and reports of decisions

85 Presumption as to power-of-attorney 84 Presumption as to powers-of-attorney

85A Presumption as to electronic agreements 85 Presumption as to electronic agreements

85B Presumptions as to electronic records 86 Presumption as to electronic records

and electronic signatures and electronic signatures

85C Presumption as to Electronic Signature 87 Presumption as to Electronic Signature

Certificates Certificates

86 Presumption as to certified copiesof 88 Presumption as to certified copies of

foreign judicial records foreign judicial records

87 Presumption as to books, maps and 89 Presumption as to books, maps andcharts

charts

88 Presumption as to telegraphic messages — —

88A Presumption as to electronic messages 90 Presumption as to electronic messages

89 Presumption as to due execution,etc.,of 91 Presumption as to due execution, etc.,

documents, no produced of documents not produced
t

90 Presumption as to documents thirty 92 Presumption as to documents thirtyyears

years old old

90A Presumption as to electronic records 93 Presumption as to electronic records

five years old five years old

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
91 Evidence of terms of contracts, gra nts 94 Evidence of terms of contracts, gran ts
and othe dispositions of prop erty and othe dispositions of proper y
r r t
reduced to form of documents reduced to form of document

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

93 Exclusion of evidence to explain or 96 Exclusion of evidence to explain oramend

amend ambiguous document ambiguous document

94 Exclusion of evidence against appl 97 Exclusion of evidence against application

ication of document to existing fac ts of document to existing facts

95 Evidence as to document unmeaning in 98 Evidence as to document unmeaning

reference to existing facts reference to existing facts

96 Evidence as to application of language 99 Evidence as to application of langua ge

which can apply to one only of several which can apply to one only of se veral
persons persons

97 Evidence as to application of language 100 Evidence as to application of language to

to one of two sets of facts, to n either of one of two sets of facts, to neit her of
which the whole correctlyapplies which the whole correctly ap plies

98 Evidence as to meaning of illegible 101 Evidence as to meaning of illegible c

characters, etc. haracters, etc.

99 Who may give evidence of agreemen 102 Who may give evidence of agreemen
t t
varying terms of document varying terms of document

100 Saving of provisions of Indian Suc 103 Saving of provisions of Indian Succe
cession Act relating to wills ssion 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 lies

103 Burden of proof as to particular fact 106 Burden of proof as to particular fact

104 Burden of proving fact to be provedto 107 Burden of proving fact to be proved to
make evidence admissible make evidence admissible

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
105 Burden of proving that case of accused 108 Burden of proving that case of accused
comes within exceptions comes within exceptions

106 Burden of proving fact especially w 109 Burden of proving fact especially within
ithin knowledge knowledge

107 Burden of proving deat of person 110 Burden of proving death of person k
h
known to have been alive within t nown to have been alive within thirty
hirty years years

108 Burden of proving that person is al ive 111 Burden of proving that person is ali ve
who has not been heard of for s even who has not been heard of for sev en
years years

109 Burden of proof as to relationship in 112 Burden of proof as to relationship in the

the cases of partners, landlord a nd cases of partners, landlord and t enant
,
tenant principal and agent principal and agent
,

110 Burden of proof as to ownership 113 Burden of proof as to ownership

111 Proof of good faith in transactions 114 Proof of good faith in transactions where
where one party is in relation of ac one party is in relation of active
tive confidence confidence

111A Presumption as to certain offences 115 Presumption as to certain offences

112 Birth during marriage, conclusiveproof 116 Birth during marriage, conclusive proof
of legitimacy of legitimacy

113 Proof of cession of territory — —

113A Presumption as to abetment of suicide 117 Presumption as to abetment of suicide by

by a married woman a married woman

113B Presumption as to dowry death 118 Presumption as to dowry death

114 Court may presume existence of certain 119 Court may presume existence of certain
facts facts

114A Presumption as to absence of consentin 120 Presumption as to absence of consent in

certain prosecution for rape certain prosecution for rape

115 Estoppel 121 Estoppel

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
116 Estoppel of tenant; and of licenseeof 122 Estoppel of tenants and of licenseeof
person in possession person in possession

117 Estoppel of acceptor of bill of exch 123 Estoppel of acceptor of bill of exchange,
ange, bailee or licensee bailee or licensee

118 Whom may testify 124 Who may testify

119 Witness unable to communicate verbally 125 Witness unable to communicate verbally

120 Parties to civil suit, and their wive s 126 Competency of husband and wife as
or husbands—husband or wife of witnesses in certain cases
person under criminal trial

121 Judges and Magistrates 127 Judges and Magistrates

122 Communications during marriage 128 Communications during marriage

123 Evidence as to affairs of State 129 Evidence as to affairs of State

124 Official communications 130 Official communications

125 Information as to commission of o 131 Information as to commission of off

ffences ences

126 Professional communications 132 Professional communications

127 Section 126 to apply to interpreters, — —

etc.

128 Privilege not waived by volunteering 133 Privilege not waived by volunteering
evidence evidence

129 Confidential communications with 134 Confidential communication with legal

legal advisers advisers

130 Production of title-deeds of witness 135 Production of title-deeds of witnessnot a

not a party party

131 Production of documents or electronic 136 Production of documents or electro nic

records which another perso n, having records which another person, having
possession, could refuseto produce possession, would refuse to produce

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
132 Witness not excused from answering 137 Witness not excused from answering on
on ground that answer will cri minate ground that answer will crimin ate

133 Accomplice 138 Accomplice

134 Number of witnesses 139 Number of witnesses

135 Order of production and examination 140 Order of production and examination of
of witnesses witnesses

136 Judge to decide as to admissibilityof 141 Judge to decide as to admissibility of

evidence evidence

137 Examination-in-chief 142 Examination of witnesses

138 Order of examinations 143 Order of examinations

139 Cross-examination of person called to 144 Cross-examination of person calledto

produce a document produce a document

140 Witnesses to character 145 Witnesses to character

141 Leading questions 146 Leading questions

142 When they must not be asked 146 Leading questions

143 When they may be asked 146 Leading questions

144 Evidence as to matters in writing 147 Evidence as to matters in writing

145 Cross-examination as to previous 148 Cross-examination as to previous

statements in writing statements in writing

146 Questions lawful in cross-examination 149 Questions lawful in cross-examination

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

answer

148 Court to decide when question shall 151 Court to decide when question shall be
be asked and when witness com pelled asked and when witness compell ed to
to answer answer

149 Question not to be asked without 152 Question not to be asked without
reasonable grounds reasonable grounds

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance
150 Procedure of Court in case of quest ion 153 Procedure of Court in case of questi on
being asked without reasonabl e being asked without reasonable grounds
grounds

151 Indecent and scandalous questions 154 Indecent and scandalous questions

152 Questions intended to insult or annoy 155 Questions intended to insult or annoy

153 Exclusion of evidence to contradict 156 Exclusion of evidence to contradict

answers to questions testing veracity answers to questions testing veracity

154 Question by party to his own witness 157 Question by party to his own witness

155 Impeaching credit of witness 158 Impeaching credit of witness

156 Questions tending to corroborate e 159 Questions tending to corroborate ev

vidence of relevant fact, admissibl e idence of relevant fact, admissible

157 Former statement of witness may be 160 Former statements of witness may be
s
proved to corroborate later testi mony proved to corroborate later testimony as to
as to same fact same fact

158 What matters may be proved in co 161 What matters may be proved in con
nnection with proved statement relevant nection with proved statement relevant
under section 32 or 33 under section 32 or 33

159 Refreshing memory 162 Refreshing memory

160 Testimony to facts stated in document 163 Testimony to facts stated in document
mentioned in section 159 mentioned in section 159

161 Right of adverse party as to writingused 164 Right of adverse party as to writingused
to refresh memory to refresh memory

162 Production of documents 165 Production of documents

163 Giving, as evidence, of document called 166 Giving, as evidence, of document called
for and produced on notice for and produced on notice

This File is protected by Copyright (Amendment) Act, 2012. Copyright Infringement without written & prior
permission from the owner will leads to contemplating civil and criminal actions. © 2024 Smart & Legal Guidance