Comparison between

The Indian Evidence Act, 1872 and

Bharatiya Sakshya Adhiniyam 2023

1. Aims and Objects of Bharatiya Sakshya Adhiniyam,

2023 (BNA)
• The avowed aims and objects of the Indian Evidence Act, 1872 (Evidence Act), as per its long title,
were to consolidate, define and amend the law of evidence.

• The avowed aims and objects of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as per its long title,
are to consolidate and to provide for general rules and principles of evidence for fair trial.

• The BSA recognizes that enunciating the rules and principles of evidence is not an end. The aim for
providing for general rules and principles of evidence is to ensure a fair trial.

• It is submitted that the provisions of the BSA should be interpreted in the light of the avowed aim
expressed in long title to achieve a fair trial.

2. Section 1 of BSA: Short Title, Application and

Commencement
Corresponding provision

• Section1 of the BSA corresponds to section 1 of the Evidence Act

Territorial extent of the legislation

• Section 1 of the Evidence Act provided that it extended to the whole of India. Section 1 of the BSA
omits this provision on territorial It also omits the definition of “India” given in section 3 of the
Evidence Act.

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 • The possible reason for such omission is that any stipulation that the BSA extends to the whole of
India would call into question the admissibility of evidence digitally generated outside the borders of
India.

Applicability to Courts-martial

• Section 1 of the Evidence Act provided that the said Act did not apply to Courts-martial convened
under the Army Act, the Naval Discipline Act or the Indian Navy (Discipline) Act or the Air Force Act.

• Section 1 (2) of the BSA omits the words “convened under the Army Act, the Naval Discipline Act or
the Indian Navy (Discipline) Act or the Air Force Act”.

• Thus, unlike the Evidence Act, the BSA shall also apply to courts-martial convened under the Army
Act, the Naval Discipline Act or the Indian Navy (Discipline) Act or the Air Force Act.

3. Section 2 of BSA: Definitions

Corresponding provision

• Section 2(1) of the BSA corresponds to section 3 of the Evidence Act

• There are no changes

3.1 Section 2(1)(a) of BSA: Court

Corresponding provision

• Section 2(1)(a) of the BSA corresponds to section 3, para 1, of the Evidence Act

• There are no changes

3.2 Section 2(1)(b) of BSA: Conclusive Proof

Corresponding provision

• Section 2(1)(b) of the BSA corresponds to section 4, para 3, of the Evidence Act

• There are no changes

3.3 Section 2(1)(c) of BSA: Disproved

Corresponding provision

• Section 2(1)(c) of the BSA corresponds to section 3, para 8, of the Evidence Act

• There are no changes

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3.4 Section 2(1)(d) of BSA: Document
Corresponding provision

• Section 2(1)(d) of the BSA corresponds to section 3, para 5, of the Evidence Act

Electronic & digital records

• Section 2(1)(d) of BSA gives a new definition of the word “document” which is compatible with the
modern digital era.

• The new definition specifically includes electronic and digital records within the scope of the term
“document”.

• The five statutory illustrations in old definition have been retained. The new definition gives a sixth
statutory illustration No. (vi) which clarifies that
“An electronic record on emails, server logs, documents on computers, laptop or smartphone,
messages, websites, locational evidence and voice mail messages stored on digital devices are
documents”.

• Under the new definition, to qualify as “document” or “documentary evidence”, it is not necessary
that matter be expressed or described upon any substance by means of letters, figures or marks
only.

• Any matter which is “otherwise recorded” upon any substance “by any other means” will also
qualify as “document” or “documentary evidence”. It appears that video recording on mobile phone
would qualify as “documentary evidence” as it is “otherwise recorded” upon any substance “by any
other means”.

3.5 Section 2(1)(e) of BSA: Evidence

Corresponding provision

• Section 2(1)(e) of the BSA corresponds to section 3, para 6, of the Evidence Act

Electronic/Digital records

• Under the new definition of “evidence” in section 2(1)(e) of the BSA, ‘statements including
statements given electronically’ are to be treated as evidence as well as oral evidence. This is a
logical corollary to section 530 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) providing for
examination of complainant and witnesses in electronic mode by use of electronic communication
or by audio-video electronic means.

• Under Evidence Act, only electronic records were treated as documentary evidence and there was
no express mention of digital records in definition of ‘evidence’ under Evidence Act.

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 • Section 2(1)(e) of BSA specifically includes electronic or digital records as documentary evidence.

3.6 Section 2(1)(f) of BSA: Fact

Corresponding provision

• Section 2(1)(f) of the BSA corresponds to section 3, para 2, of the Evidence Act

Illustration

• Illustration (e) in section 3 (2nd para) of Evidence Act which states that “(e) That a man has a
certain reputation, is a ” is omitted in new definition of “fact” in section 2(1)(f)

3.7 Section 2(1)(g) of BSA: Facts in Issue

Corresponding provision

• Section 2(1)(g) of the BSA corresponds to section 3, para 4, of the Evidence Act

• There are no changes

3.8 Section 2(1)(h) of BSA: May Presume

Corresponding provision

• Section 2(1)(h) of the BSA corresponds to section 4, para 1, of the Evidence Act

• There are no changes

3.9 Section 2(1)(i) of BSA: Not Proved

Corresponding provision

• Section 2(1)(i) of the BSA corresponds to section 3, para 9, of the Evidence Act

• There are no changes

3.10 Section 2(1)(j) of BSA: Proved

Corresponding provision

• Section 2(1)(j) of the BSA corresponds to section 3, para 7, of the Evidence Act

• There are no changes

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3.11 Section 2(1)(k) of BSA: Relevant
Corresponding provision

• Section 2(1)(k) of the BSA corresponds to section 3, para 3, of the Evidence Act

• There are no changes

3.12 Section 2(1)(l) of BSA : Shall Presume

Corresponding provision

• Section 2(1)(l) of the BSA corresponds to section 4, para 2, of the Evidence Act

• There are no changes

3.13 Section 2(2) of BSA: Words and Expressions

Corresponding provision

• No corresponding provision in Evidence Act

• This is a new provision

Words not defined

• Sub-section (2) of section 2 of BSA provides that words and expressions used herein and not defined
but defined in the Information Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023 and
Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act
and Sanhita.

4. Section 3 of BSA: Evidence May be Given of Facts in

Issue and Relevant Facts
Corresponding provision

• Section 3 of the BSA corresponds to section 5 of the Evidence Act

• There are no changes

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5. Section 4 of BSA: Relevancy of Facts Forming Part of
Same Transaction
Corresponding provision

• Section 4 of the BSA corresponds to section 6 of the Evidence Act

Facts not in issue

• Section 6 of Evidence Act provided that facts which, though not in issue, but which are so connected
with a fact in issue as to form part of the same transaction, are relevant.

• In addition, section 4 of the BSA also provides that facts though not in issue are so connected with a
relevant fact as to form part of the same transaction, are relevant.

6. Section 5 of BSA: Facts which are Occasion, Cause or

Effect of Facts in Issue or Relevant Facts
Corresponding provision

• Section 5 of the BSA corresponds to section 7 of the Evidence Act

• There are no changes

7. Section 6 of BSA: Motive, Preparation and Previous or

Subsequent Conduct
Corresponding provision

• Section 6 of the BSA corresponds to section 8 of the Evidence Act

• The first para in section 8 of Evidence Act is now sub-section (1) of section 6 in the BSA

• The second para in section 8 of Evidence Act is now sub-section (2) of section 6 in the BSA

Illustrations

• In Statutory Illustration (d) to section 8 of Evidence Act, reference to “vakils” is replaced with
“advocates”

• InStatutory Illustration (e) to section 8 of Evidence Act, typographical error of “proved” corrected by
making it “provided”

• In Statutory Illustration (f) to section 8 of Evidence Act, word “man” is replaced with “person” to
make it gender neutral

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 • In Statutory Illustration (j), word “ravished” has been replaced with the word “raped”

8. Section 7 of BSA: Facts Necessary to Explain or

Introduce Fact in Issue or Relevant Facts
Corresponding provision

• Section 7 of the BSA corresponds to section 9 of the Evidence Act

• There are no changes

9. Section 8 of BSA: Things Said or Done by Conspirator

in Reference to Common Design
Corresponding provision

• Section 8 of the BSA corresponds to section 10 of the Evidence Act

• There are no changes

10. Section 9 of BSA: When Facts not Otherwise Relevant

Become Relevant
Corresponding provision

• Section 9 of the BSA corresponds to section 11 of the Evidence Act

• There are no changes

11. Section 10 of BSA: Facts Tending to Enable Court to

Determine Amount are Relevant in Suits for Damages
Corresponding provision

• Section 10 of the BSA corresponds to section 12 of the Evidence Act

• There are no changes

12. Section 11 of BSA: Facts Relevant when Right or

Custom is in Question
Corresponding provision

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 • Section 11 of the BSA corresponds to section 13 of the Evidence Act

• There are no changes

13. Section 12 of BSA: Facts Showing Existence of State of

Mind, or of Body or Bodily Feeling
Corresponding provision

• Section 12 of the BSA corresponds to section 14 of the Evidence Act

• There are no changes

14. Section 13 of BSA: Facts Bearing on Question

Whether Act was Accidental or Intentional
Corresponding provision

• Section 13 of the BSA corresponds to section 15 of the Evidence Act

• There are no changes

15. Section 14 of BSA: Existence of Course of Business

When Relevant
Corresponding provision

• Section 14 of the BSA corresponds to section 16 of the Evidence Act

• There are no changes

16. Section 15 of BSA: Admission Defined

Corresponding provision

• Section 15 of the BSA corresponds to section 17 of the Evidence Act

• There are no changes

17. Section 16 of BSA: Admission by Party to Proceeding

or His Agent
Corresponding provision

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 • Section 16 of the BSA corresponds to section 18 of the Evidence Act

• There are no changes

18. Section 17 of BSA: Admissions by Persons Whose

Position Must be Proved as Against Party to Suit
Corresponding provision

• Section 17 of the BSA corresponds to section 19 of the Evidence Act

• There are no changes

19. Section 18 of BSA: Admissions by Persons Expressly

Referred to By Party to Suit
Corresponding provision

• Section 18 of the BSA corresponds to section 20 of the Evidence Act

• There are no changes

20. Section 19 of BSA: Proof of Admissions Against

Persons Making Them, and by or on their Behalf
Corresponding provision

• Section 19 of the BSA corresponds to section 21 of the Evidence Act

• There are no changes

21. Section 20 of BSA: When Oral Admissions as to

Contents of Documents are Relevant
Corresponding provision

• Section 20 of the BSA corresponds to section 22 of the Evidence Act

• There are no changes

22. Section 21 of BSA: Admissions in Civil Cases when

Relevant

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Corresponding provision

• Section 21 of the BSA corresponds to section 23 of the Evidence Act

Advocate

• “Advocate” is replaced for “barrister, pleader, attorney or vakil”

23. Section 22 of BSA: Confession Caused by Inducement,

Threat, Coercion or Promise, When Irrelevant in
Criminal Proceeding
Corresponding provision

• Section 22 of the BSA corresponds to sections 24, 28 and 29 of the Evidence Act

• Section 22(1) of BSA corresponds to section 24 of IPC

• Section 22(1), first proviso of BSA corresponds to section 28 of IPC

• Section 22(2), second proviso of BSA corresponds to section 29 of IPC

Coercion

• Words “coercion” are inserted in section 22 of BSA, which was not there in section 24 of Evidence
Act

24. Section 23 of BSA: Confession to Police Officer

Corresponding provision

• Section 23(1) of the BSA corresponds to section 25 of the Evidence Act

• Section 23(2) of the BSA corresponds to sections 26 and 27 of the Evidence Act

Magistrate

• Explanation to section 26 of the Evidence Act providing that “Magistrate” does not include head of a
village, etc., is omitted

25. Section 24 of BSA: Consideration of Proved

Confession Affecting Person Making it and Others Jointly
Under Trial For Same Offence
Corresponding provision

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 • Section 24 of the BSA corresponds to section 30 of the Evidence Act

Joint Trial

• Explanation to section 30 of Evidence Act incorporated in section 24 of BSA is renumbered as

Explanation I

• New Explanation II is added in section 24 of BSA so as to clarify that

“A trial of more persons than one held in the absence of the accused who has absconded or who fails to
comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall
be deemed to be a joint trial for the purpose of this section.”

26. Section 25 of BSA: Admissions Not Conclusive Proof,

But May Estop
Corresponding provision

• Section 25 of the BSA corresponds to section 31 of the Evidence Act

• There are no changes

27. Section 26 Of BSA: Cases in Which Statement of

Relevant Fact by Person Who is Dead or Cannot be
Found, Etc., is Relevant
Corresponding provision

• Section 26 of the BSA corresponds to section 32 of the Evidence Act

• There are no changes

28. Section 27 of BSA: Relevancy of Certain Evidence for

Proving, In Subsequent Proceeding, Truth of Facts
Therein Stated
Corresponding provision

• Section 27 of the BSA corresponds to section 33 of the Evidence Act

• There are no changes

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29. Section 28 of BSA: Entries in Books of Account When
Relevant
Corresponding provision

• Section 28 of the BSA corresponds to section 34 of the Evidence Act

• There are no changes

30. Section 29 of BSA: Relevancy of Entry in Public

Record or an Electronic Record Made in Performance of
Duty
Corresponding provision

Section 29 of the BSA corresponds to section 35 of the Evidence Act

• There are no changes

31. Section 30 of BSA: Relevancy of Statements in Maps,

Charts and Plans
Corresponding provision

• Section 30 of the BSA corresponds to section 36 of the Evidence Act

• There are no changes

32. Section 31 of BSA: Relevancy of Statement as to Fact

of Public Nature Contained in Certain Acts or
Notifications
Corresponding provision

• Section 31 of the BSA corresponds to section 37 of the Evidence Act

Official Gazette in electronic or digital form

• Electronic or digital form of Official Gazette is made admissible evidence by section 31 of BSA

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SECTION WISE COMPARISON IN TABULAR FORM

Clause in the new BSB, Title (and Chapter ) in the Corresponding provisions
2023 Bill in the old Evidence Act of
1872

PART 1

Chapter 1 : Preliminary

Clause 1 Short Title and Commencement Section 1

Clause 2 Definitions : ( 1 )
(a) Court 3(a)
(b) Conclusive Proof 4(c)
(c) disproved 3 (h)
(d) document 3 (e)
(e) evidence 3 (f)
(f) facts 3 (b)
(g) facts in issue 3 (d)
(h) May presume 4 (a)
(i) Not proved 3 (i)
(j) proved 3 (g)
(k) relevant 3 (c)
(l) Shall presume 4 (b)
(2) : “ Words and Authority 3 (k)
Herein “

PART II

Chapter II :

Relevancy of Facts

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Clause 3 Evidence May be given of facts in Section 5
issue and relevant facts

Closely connected facts

Clause 4 Relevancy of facts forming part of Section 6
same transaction
Clause 5 Facts which are occasion, cause or Section 7
effect of facts in issue or relevant
facts.
Clause 6 Motive, preparation and previous Section 8
or subsequent conduct.
Clause 7 Facts necessary to explain or Section 9
introduce fact in issue or relevant
facts.
Clause 8 Things said or done by conspirator Section 10
in reference to common design
Clause 9 When facts not otherwise relevant Section 11
become relevant.
Clause 10 Facts tending to enable Court to Section 12
determine amount are relevant in
suits for damages.
Clause 11 Facts relevant when right or custom Section 13
is in question.
Clause 12 Facts showing existence of state of Section 14
mind, or of body or bodily feeling.
Clause 13 Facts bearing on question whether Section 15
act was accidental or intentional.
Clause 14 Existence of course of business Section 16
when relevant.

Admissions
Clause 15 Admission defined Section 17
Clause 16 Admission by party to proceeding Section 18
or his agent
Clause 17 Admissions by persons whose Section 19
position must be proved as against
party to suit
Clause 18 Admissions by persons expressly Section 20
referred to by party to suit
Clause 19 Proof of admissions against Section 21
persons making them, and by or on
their behalf
Clause 20 When oral admissions as to Section 22
contents of documents are relevant oral admission
22A
as to contents
of electronic
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 records

Clause 21 Admissions in civil cases when Section 23

relevant
Clause 22 Confession caused by inducement, Section 24 – First Part
threat, coercion or promise, when Section 28 – Proviso (1)
irrelevant in criminal proceeding
Section 29 – Proviso (2)

Clause 23 Confession to police officer Section 25 – Clause 23 (1)

Section 26 – Clause 23 (2)

Section 27 – Proviso

Clause 24 Consideration of proved confession Section 30

affecting person making it and
others jointly under trial for same
offence
Clause 25 Admissions not conclusive proof, Section 31
but may estop

Statements by persons who

cannot be called as
witnesses
Clause 26 Cases in which statement of Section 32
relevant fact by person who is dead
or cannot be found, etc., is relevant
Clause 27 Relevancy of certain evidence for Section 33
proving, in subsequent proceeding,
truth of facts therein stated

Statements made under

special circumstances
Clause 28 Entries in books of account when Section 34
relevant
Clause 29 Relevancy of entry in public record Section 35
or an electronic record made in
performance of duty
Clause 30 Relevancy of statements in maps, Section 36
charts and plans
Clause 31 Relevancy of statement as to fact Section 37

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 of public nature contained in
certain Acts or notifications
Clause 32 Relevancy of statements as to any Section 38
law contained in law books
including electronic or digital form

How much of a statement is

to be proved
Clause 33 What evidence to be given when Section 39
statement forms part of a
conversation, document, electronic
record, book or series of letters or
papers

Judgments of Courts when

relevant
Clause 34 Previous judgments relevant to bar Section 40
a second suit or trial
Clause 35 Relevancy of certain judgments in Section 41
probate, etc., jurisdiction
Clause 36 Relevancy and effect of judgments, Section 42
orders or decrees, other than those
mentioned in Section 35 (CLAUSE)
Clause 37 Judgments, etc., other than those Section 43
mentioned in sections 34, 35 and 36
when relevant
Clause 38 Fraud or collusion in obtaining Section 44
judgment, or incompetency of
Court, may be proved

Opinions of third persons

when relevant
Clause 39 Opinions of experts Section 45
Opinion of
examiner of
45A
electronic
evidence

Clause 40 Facts bearing upon opinions of Section 46

experts
Clause 41 Opinion as to handwriting and Section 47
signature, when relevant 47A Opinion as to
digital

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 signature

Clause 42 Opinion as to existence of general Section 48

custom or right, when relevant
Clause 43 Opinion as to usages, tenets, etc., Section 49
when relevant
Clause 44 Opinion on relationship, when Section 50
relevant
Clause 45 Grounds of opinion, when relevant Section 51

Character when Relevant

Clause 46 In civil cases character to prove Section 52
conduct imputed, irrelevant
Clause 47 In criminal cases previous good Section 53
character relevant
Clause 48 Evidence of character or previous Section 53A
sexual experience not relevant in
certain cases
Clause 49 Previous bad character not Section 54
relevant, except in reply
Clause 50 Character as affecting damages Section 55

PART III: ON PROOF

Chapter III

Facts which need not be

proved

Clause 51 Fact judicially noticeable need not Section 56

be proved
Clause 52 Facts of which Court shall take Section 57
judicial notice
Clause 53 Facts admitted need not be proved Section 58

CHAPTER IV

OF ORAL EVIDENCE
Clause 54 Proof of facts by oral evidence Section 59
Clause 55 Oral evidence to be direct Section 60

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 CHAPTER V
OF DOCUMENTARY
EVIDENCE
Clause 56 Proof of contents of documents Section 61
Clause 57 Primary Evidence Section 62
Clause 58 Secondary Evidence Section 63
Clause 59 Proof of documents by primary Section 64
evidence
Clause 60 Cases in which secondary evidence Section 65
relating to documents may be
given
Clause 61 Electronic or digital record { NEW ADDITION}
Clause 62 Special provisions as to evidence Section 65A
relating to electronic record
Clause 63 Admissibility of electronic records Section 65B
Clause 64 Rules as to notice to produce Section 66
Clause 65 Proof of signature and Section 67
handwriting of person alleged to
have signed or written document
produced
Clause 66 Proof as to electronic signature Section 67A
Clause 67 Proof of execution of document Section 68
required by law to be attested
Clause 68 Proof where no attesting witness Section 69
found
Clause 69 Admission of execution by party to Section 70
attested document
Clause 70 Proof when attesting witness Section 71
denies execution
Clause 71 Proof of document not required by Section 72
law to be attested
Clause 72 Comparison of signature, writing Section 73
or seal with others admitted or
proved
Clause 73 Proof as to verification of digital Section 73A
signature

Public Documents
Clause 74 Public and private documents · Section 74 – Public
· Section 75 – Private

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Clause 75 Certified copies of public Section 76
documents
Clause 76 Proof of documents by production Section 77
of certified copies
Clause 77 Proof of other official documents Section 78

Presumptions as to
documents
Clause 78 Presumption as to genuineness of Section 79
certified copies
Clause 79 Presumption as to documents Section 80
produced as record of evidence,
etc
Clause 80 Presumption as to Gazettes, Section 81
newspapers, and other documents
Clause 81 Presumption as to Gazettes in Section 81A
electronic or digital record
Clause 82 Presumption as to maps or plans Section 83
made by authority of Government
Clause 83 Presumption as to collections of Section 84
laws and reports of decisions
Clause 84 Presumption as to powers of- Section 85
attorney
Clause 85 Presumption as to electronic Section 85A
agreements
Clause 86 Presumption as to electronic Section 85B
records and electronic signatures
Clause 87 Presumption as to Electronic Section 85C
Signature Certificates
Clause 88 Presumption as to certified copies Section 86
of foreign judicial records
Clause 89 Presumption as to books, maps Section 87
and charts
Clause 90 Presumption as to electronic Section 88A
messages
Clause 91 Presumption as to due execution, Section 89
etc., of documents not produced
Clause 92 Presumption as to documents Section 90
thirty years old
Clause 93 Presumption as to electronic Section 90A
records five years old

CHAPTER VI

OF THE EXCLUSION OF
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 ORAL EVIDENCE BY
DOCUMENTARY EVIDENCE
Clause 94 Evidence of terms of contracts, Section 91
grants and other dispositions of
property reduced to form of
document
Clause 95 Exclusion of evidence of oral Section 92
agreement
Clause 96 Exclusion of evidence to explain or Section 93
amend ambiguous document
Clause 97 Exclusion of evidence against Section 94
application of document to
existing facts
Clause 98 Evidence as to document Section 95
unmeaning in reference to existing
facts
Clause 99 Evidence as to application of Section 96
language which can apply to one
only of several persons
Clause 100 Evidence as to application of Section 97
language to one of two sets of
facts, to neither of which the
whole correctly applies
Clause 101 Evidence as to meaning of illegible Section 98
characters, etc
Clause 102 Who may give evidence of Section 99
agreement varying terms of
document
Clause 103 Saving of provisions of Indian Section 100
Succession Act relating to wills

PART IV :

PRODUCTION AND EFFECT

OF EVIDENCE

CHAPTER VII

OF THE BURDEN OF PROOF

Clause 104 Burden of proof Section 101
Clause 105 On whom burden of proof lies Section 102
Clause 106 Burden of proof as to particular Section 103
fact
Clause 107 Burden of proving fact to be Section 104

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 proved to make evidence
admissible
Clause 108 Burden of proving that case of Section 105
accused comes within exceptions
Clause 109 Burden of proving fact especially Section 106
within knowledge
Clause 110 Burden of proving death of person Section 107
known to have been alive within
thirty years
Clause 111 Burden of proving that person is Section 108
alive who has not been heard of
for seven years
Clause 112 Burden of proof as to relationship Section 109
in the cases of partners, landlord
and tenant, principal and agent
Clause 113 Burden of proof as to ownership Section 110
Clause 114 Proof of good faith in transactions Section 111
where one party is in relation of
active confidence
Clause 115 Presumption as to certain offences Section 111A
Clause 116 Birth during marriage, conclusive Section 112
proof of legitimacy
Clause 117 Presumption as to abetment of Section 113A
suicide by a married woman
Clause 118 Presumption as to dowry death Section 113B
Clause 119 Court may presume existence of Section 114
certain facts
Clause 120 Presumption as to absence of Section 114A
consent in certain prosecution for
rape

CHAPTER VIII

ESTOPPEL
Clause 121 Estoppel Section 115
Clause 122 Estoppel of tenant and of licensee Section 116
of person in possession
Clause 123 Estoppel of acceptor of bill of Section 117
exchange, bailee or licensee

CHAPTER IX

OF WITNESSES
Clause 124 Who may testify Section 118

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Clause 125 Witness unable to communicate Section 119
verbally
Clause 126 Competency of husband and wife Section 120
as witnesses in certain cases
Clause 127 Judges and Magistrates Section 121
Clause 128 Communications during marriage Section 122
Clause 129 Evidence as to affairs of State Section 123
Clause 130 Official communications Section 124
Clause 131 Information as to commission of Section 125
offences
Clause 132 Professional communications · Section 126
· Section 127

Clause 133 Privilege not waived by Section 128

volunteering evidence
Clause 134 Confidential communication with Section 129
legal advisers
Clause 135 Production of title-deeds of Section 130
witness not a party
Clause 136 Production of documents or Section 131
electronic records which another
person, having possession, could
refuse to produce
Clause 137 Witness not excused from Section 132
answering on ground that answer
will criminate
Clause 138 Accomplice Section 133
Clause 139 Number of witnesses Section 134

CHAPTER X

OF EXAMINATION OF
WITNESSES
Clause 140 Order of production and Section 135
examination of witnesses
Clause 141 Judge to decide as to admissibility Section 136
of evidence
Clause 142 Examination of witnesses Section 137
Clause 143 Order of examinations Section 138
Clause 144 Cross examination of person called Section 139
to produce a document
Clause 145 Witnesses to character Section 140
Clause 146 Leading questions · Section 141 – Clause (1)
· Section 142 – Clause (2) and (3)

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 · Section 143 – Clause (4)

Clause 147 Evidence as to matters in writing Section 144

Clause 148 Cross examination as to previous Section 145
statements in writing
Clause 149 Questions lawful in cross Section 146
examination
Clause 150 When witness to be compelled to Section 147
answer
Clause 151 Court to decide when question Section 148
shall be asked and when witness
compelled to answer
Clause 152 Question not to be asked without Section 149
reasonable grounds
Clause 153 Procedure of Court in case of Section 150
question being asked without
reasonable grounds
Clause 154 Indecent and scandalous questions Section 151
Clause 155 Questions intended to insult or Section 152
annoy
Clause 156 Exclusion of evidence to contradict Section 153
answers to questions testing
veracity
Clause 157 Question by party to his own Section 154
witness
Clause 158 Impeaching credit of witness Section 155
Clause 159 Questions tending to corroborate Section 156
evidence of relevant fact,
admissible
Clause 160 Former statements of witness may Section 157
be proved to corroborate later
testimony as to same fact
Clause 161 What matters may be proved in Section 158
connection with proved statement
relevant under section 26 or 27
Clause 162 Refreshing memory Section 159
Clause 163 Testimony to facts stated in Section 160
document mentioned in section
162
Clause 164 Right of adverse party as to Section 161
writing used to refresh memory
Clause 165 Production of documents Section 162
Clause 166 Giving, as evidence, of document Section 163
called for and produced on notice
Clause 167 Using, as evidence, of document Section 164
production of which was refused
on notice

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Clause 168 Judge’s power to put questions or Section 165
order production

CHAPTER XI

OF IMPROPER ADMISSION
AND REJECTION OF
EVIDENCE
Clause 169 No new trial for improper Section 166
admission or rejection of evidence

CHAPTER XII

REPEAL AND SAVINGS

Clause 170 Repeal and Savings {NEW ADDITION}

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