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Comparative Table of
Indian Evidence Act, 1872 & Bharatiya Sakshya Adhiniyam, 2023

Section Heading Section Heading

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

3 Interpretation clause 2 Definitions

"May presume"
4 "Shall presume" 2 Definitions
"Conclusive proof'
Evidence may be given of Evidence may be given of
5 facts in issue and relevant 3 facts in issue and relevant
facts facts
Relevancy of facts forming Relevancy of facts forming
6 part of same transaction 4 part o same transaction
Facts which are the occasion, Facts which are the occasion,
7 cause or effect of facts in 5 cause or effect of facts in
issue. issue or relevant facts
Motive, preparation and Motive, preparation and
8 previous or subsequent 6 previous or subsequent
conduct conduct
Facts necessary to explain or
Facts necessary to explain or
9 7 introduce fact in issue or
introduce relevant facts
relevant facts
Things said or done by Things said or done by
conspirator in reference to conspirator in
10 8
common design reference to common
design
When facts not otherwise When facts not otherwise
11 9
relevant become relevant relevant become relevant
In suits for damages, facts Facts tending to enable Court
tending to enable Court to to determine amount are
12 10
determine amount are relevant in suits for damages
relevant
Facts relevant when right or Facts relevant when right or
13 11
custom is in question custom is in question
Facts showing existence of Facts showing existence of
14 state of mind, or of body or 12 state of mind, or of body or
bodily feeling bodily feeling
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Facts bearing on question Facts bearing on question

15 whether act was accidental or 13 whether act was accidental or
intentional intentional
16 Existence of course of 14 Existence of course of
business when relevant business when relevant

Admission by party to Admission by party to

18 16
proceeding or his agent proceeding or his agent
Admissions by persons Admissions by persons whose
whose position must be position must be proved as
19 17
proved as against party to against party to suit
suit
Admissions by persons Admissions by persons
20 expressly referred to by party 18 expressly referred to by party
to suit to suit
Proof of admissions against Proof of admissions against
21 persons making them, and 19 persons making them, and
by or on their behalf by or on their behalf
When oral admissions as to When oral admissions
22 contents of documents are 20 as to contents of
relevant documents are relevant
When oral admissions as to
22A contents of electronic records
are relevant
Admissions in civil cases, Admissions in civil cases
23 21
when relevant when relevant
Confession caused by Confession caused by
inducement, threat or inducement, threat,
24 promise, when irrelevant 22 coercion or promise, when
in criminal proceeding irrelevant in criminal
proceeding
Confession to police officer
25 23(1) Confession to police officer
not to be proved
Confession by accused while
26 in custody of Police not to be 23(2) Confession to police officer
proved against him
How much of information
27 received from accused 23(2) Confession to police officer
may be proved
Confession made after Confession caused by
removal of impression caused inducement, threat,
28 by inducement, threat or 22 coercion or promise, when
promise, relevant irrelevant in criminal
proceeding
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Confession otherwise relevant Confession caused by

29 not to become irrelevant 22 inducement, threat, coercion
because of or

promise of secrecy, etc. promise, when irrelevant in

criminal proceeding
Consideration of proved Consideration of proved
confession affecting person confession affecting person
30 24
making it and others jointly making it and others jointly
under trial for same offence under trial for same offence
Admissions not conclusive Admissions not conclusive
31 25
proof, but may estop proof, but may estop
Cases in which statement of Cases in which statement of
relevant fact by person who relevant fact by person who
32 26
is dead or cannot be found, is dead or cannot be found,
etc., is relevant etc., is relevant
Relevancy of certain Relevancy of certain
evidence for proving, in evidence for proving, in
33 27
subsequent proceeding, the subsequent proceeding, truth
tillth of facts therein stated of facts therein stated
Entries in books of account
including those maintained in Entries in books of account
34 28
an electronic form when when relevant
relevant
Relevancy of entry in Relevancy of entry in public
public record or an record or an electronic record
35 29
electronic record made in made in performance of duty
performance of duty
Relevancy of statements in Relevancy of statements in
36 maps, charts and plans 30 maps, charts and plans
Relevancy of statement as to Relevancy of statement as to
fact of public nature, fact of public nature
37 31
contained in certain Acts or contained in certain Acts or
notifications notifications
Relevancy of statements as to
Relevancy of statements as to
any law contained in law
38 any law contained in law- 32
books including electronic or
books
digital form
What evidence to be given What evidence to be given
when statement forms part of when statement forms part
39 a conversation, document, 33 of a conversation, document,
electronic record, book or electronic record, book or
series of letters or papers series of letters or papers
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Previous judgments relevant Previous judgments relevant

40 to bar a second suit or trial 34 to bar a second suit or trial
Relevancy of certain Relevancy of certain
41 judgments in probate, etc., 35 judgments in probate, etc.,
jurisdiction jurisdiction

Relevancy and effect of Relevancy and effect of

judgments, orders or decrees, •judgments, orders or
42 36
other than those mentioned in decrees, other than those
section 41 mentioned in section 35
Judgments, etc., other than Judgments, etc., other than
43 those mentioned in sections 37 those mentioned in sections
40 to 42, when relevant 34, 35 and 36 when relevant
Fraud or collusion in Fraud or collusion in
obtaining judgment, or obtaining
44 incompetency of 38 •judgment, or incompetency
Court, may be proved of
Court, may be proved

Opinion of Examiner of
45A Electronic Evidence 39(2) Opinions of experts

Facts bearing upon opinions Facts bearing upon opinions

46 40
of experts of experts
Opinion as to handwriting, Opinion as to handwriting
47 41(1)
when relevant and signature, when relevant
Opinion as to electronic Opinion as to handwriting
47A signature when relevant 41(2) and signature, when relevant

Opinion as to existence of Opinion as to existence of

48 right or custom, when 42 general custom or right, when
relevant relevant
Opinions as to usages, tenets, Opinion as to usages, tenets,
49 43
etc., when relevant etc., when relevant
Opinion on relationship, Opinion on relationship,
50 44
when relevant when relevant
Grounds of opinion, when Grounds of opinion, when
51 45
relevant relevant
In civil cases character to In civil cases character to
52 prove conduct imputed, 46 prove conduct imputed,
irrelevant irrelevant
In criminal cases, previous In criminal cases previous
53 47
good character relevant good character relevant
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Evidence of character or Evidence of character or

53A previous sexual experience 48 previous sexual experience
not relevant in certain cases not relevant in certain cases
Previous bad character not Previous bad character not
54 49
relevant, except in reply relevant, except in reply
55 Character as affecting Character as affecting
damages damages
Fact judicially noticeable Fact judicially noticeable
56 51
need not be proved need not be proved

Facts of which Court must Facts of which Court shall

57 take 52 take
•udicial notice •udicial notice
Facts admitted need not be Facts admitted need not be
58 53
proved proved

Proof of documents by Proof of documents by

64 59
primmy evidence primary evidence
Cases in which secondary Cases in which secondaw
65 evidence relating to 60 evidence relating to
documents may be given documents may be given
Special provisions as to Special provisions as to
65A evidence relating to 62 evidence relating to
electronic record electronic record
Admissibility of electronic Admissibility of electronic
65B 63
records records
Rules as
to notice to produce
Proof of signature and Proof of signature and
handwriting of person handwriting of person
67 65
alleged to have signed or alleged to have signed or
written document produced written document produced

Proof of execution of Proof of execution of

68 document required by law to 67 document required by law to
be attested be attested
Proof where no attesting Proof where no attesting
69 68
witness found witness found
Admission of execution by Admission of execution by
70 69
party to attested document party to attested document
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Proof when attesting witness Proof when attesting witness

71 70
denies the execution denies the execution
Proof of document not Proof of document not
72 71
required by law to be attested required by law to be attested
Comparison of signature, Comparison of signature,
73 writing or seal with others 72 writing or seal with others
admitted or proved admitted or proved
Proof as to verification of Proof as to verification of
73A 73
digital signature digital signature

Certified copies of public Certified copies of public

76 75
documents documents
77 Proof of documents by 76 Proof of documents by
production of certified copies production of certified copies

Presumption as to Presumption as to
79 genuineness of certified 78 genuineness of certified
copies copies
Presumption as to documents Presumption as to
80 produced as record of 79 documents produced as
evidence record of evidence, etc.
Presumption as to Gazettes,
Presumption as to Gazettes,
newspapers, private Acts of
81 80 newspapers, and other
Parliament and other
documents
documents
Presumption as to Gazettes in Presumption as to Gazettes in
81A 81
electronic forms electronic or digital record
Presumption as to document
admissible in England
82
without proof of seal or
signature
Presumption as to maps or Presumption as to maps or
83 plans made by authority of 82 plans made by authority of
Government Government
Presumption as to collections Presumption as to collections
84 of laws and reports of 83 of laws and reports of
decisions decisions
Presumption as to power- Presumption as to powers-
85 84
ofattorney ofattorney
Presumption as to electronic Presumption as to electronic
85A 85
agreements agreements
Presumptions as to electronic Presumption as to electronic
85B records and electronic 86 records and electronic
signatures signatures
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Presumption as to Electronic Presumption as to Electronic

85C 87
Signature Certificates Signature Certificates
Presumption as to certified Presumption as to certified
86 copies of foreign judicial 88 copies of foreign judicial
records records
Presumption as to books, Presumption as to books,
87 89
maps and charts maps and charts
Presumption as to telegraphic
88
messages
Presumption as to electronic Presumption as to electronic
88A 90
messages messages

Presumption as to due Presumption as to due

89 execution, etc., of 91 execution, etc., of documents
documents not produced not produced
Presumption as to Presumption as to documents
90 92
documents thirty years old thirw years old
Presumption as to electronic Presumption as to electronic
90A 93
records five ears old records five ears old
Evidence of terms of Evidence of terms of
contracts, grants and other contracts, grants and other
91 dispositions of property 94 dispositions of property
reduced to form of reduced to form of
documents document
Exclusion of evidence of Exclusion of evidence of
92 95
oral agreement oral agreement
Exclusion of evidence to Exclusion of evidence to
93 explain or amend 96 explain or amend
ambiguous document ambiguous document
Exclusion of evidence Exclusion of evidence
94 against application of 97 against application of
document to existing facts document to existing facts
Evidence as to document Evidence as to document
95 unmeaning in reference to 98 unmeaning reference to
existin facts existing facts
Evidence as to application of Evidence as to application of
96 language which can apply to 99 language which can apply to
one only of several persons one only of several persons
Evidence as to application Evidence as to application
of language to one of two of language to one of two
97 sets of facts, to neither of 100 sets of facts, to neither of
which the whole correctly which the whole correctly
applies applies
Evidence as to meaning of Evidence as to meaning of
98 101
illegible characters, etc. illegible characters, etc.
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Who may give evidence of Who may give evidence of

99 agreement vawing terms of 102 agreement varying terms of
document document
Saving of provisions of Saving of provisions of
100 Indian Succession Act 103 Indian Succession Act
relating to Wills relating to Wills
Burden of proof Burden of proof

Burden of proof as to Burden of proof as to

103 106
particular fact particular fact
Burden of proving fact to be Burden of proving fact
proved to make evidence 107 to be proved to make
admissible evidence admissible

Burden of proving that case of Burden of proving that case of

105 accused comes within 108 accused comes within
exceptions exceptions
Burden of proving fact Burden of proving fact
106 109
especially within knowledge especially within knowledge
Burden of proving death of Burden of proving death of
107 person known to have been 110 person known to have been
alive within thifiY years alive within thirw years
Burden of proving that Burden of proving that
person is alive who has not person is alive who has not
108 111
been heard of for seven been heard of for seven
years years
Burden of proof as to Burden of proof as to
relationship in the cases of relationship in the cases of
109 112
partners, landlord and tenant, partners, landlord and tenant,
principal and agent principal and agent
Burden of proof as to Burden of proof as to
ownership ownership
Proof of good faith in Proof of good faith in
transactions where one party transactions where one party
111 114
is in relation of active is in relation of active
confidence confidence
Presumption as to certain Presumption as to certain
111A 115
offences offences
Birth during marriage, Birth during marriage,
112 116
conclusive proof of legitimacy conclusive proof of legitimacy

Presumption as to abetment of Presumption as to abetment of

113A 117
suicide by a married woman suicide by a married woman
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113B Presumption as to dowry Presumption as to dowry

death death
Court may presume existence Court may presume existence
114 119
of certain facts of certain facts
Presumption as to absence of Presumption as to absence of
114A consent in certain 120 consent in certain prosecution
prosecution for rape for rape

Estoppel of tenant; and of Estoppel of tenants and of

116 licensee of person in 122 licensee ofperson in
possession possession
Estoppel of acceptor of bill of Estoppel of acceptor of bill of
117 123
exchange, bailee or licensee exchange, bailee or licensee

Witness unable to Witness unable to

119 125
communicate verbally communicate verbally
Parties to civil suit, and their Competency of husband and
120 wives or husbands. Husband 126 wife as witnesses in certain
or cases

wife of person under

criminal trial
121 Judges and Magistrates Judges and Magistrates

Evidence as to affairs of Evidence as to affairs of

State State

Information as to commission Information as to commission

125 131
of offences of offences

Section 126 to apply to

127 interpreters, etc. 132(3) Professional communications

Privilege not waived by Privilege not waived by

128 133
volunteering evidence volunteering evidence
Confidential Confidential communication
129 communications with legal 134 with legal advisers
advisers
Production of title-deeds of Production of title-deeds of
130 135
witness not a party witness not a party
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Production of documents or Production of documents or

electronic records which electronic records which
131 another person, having 136 another person, having
possession, could refuse to possession, would refuse to
produce produce
Witness not excused from Witness not excused from
132 answering on ground that 137 answering on ground that
answer will criminate answer will criminate

Umber of witnesses Number of witnesses

Order of production and Order of production and
135
examination ofwitnesses examination of witnesses
Judge to decide as to Judge to decide as to
136
admissibility of evidence admissibility of evidence

Order of examinations Order of examinations

Cross-examination of person Cross-examination of person
139
called to produce a document called to produce a document

Leading questions Leading questions

146(3)
143 When they may be asked Leading questions
(4)

Cross-examination as to Cross-examination as to previous

145 previous statements in writing 148 statements in writing
Questions lawful in Questions lawful in
crossexamination 149 crossexamination
When witness to be compelled When witness to be compelled to
147 to answer 150 answer
Court to decide when question Court to decide when question
148 shall be asked and when 151 shall be asked and when
witness compelled to answer witness compelled to answer
Question not to be asked without Question not to be asked without
149 reasonable grounds 152 reasonable grounds
Procedure of Court in case Procedure of Court in case
150 of question being asked 153 of question being asked
without reasonable grounds without reasonable grounds
Indecent and scandalous
151 questions 154 Indecent and scandalous questions
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Questions intended to insult or Questions intended to insult or

152 annoy 155 annoy

Exclusion of evidence to Exclusion of evidence to

153 contradict answers to questions 156 contradict answers to
testing veracity questions testing veracity
Question by party to his own Question by party to his own
154 witness 157 witness
Impeaching credit of witness Impeaching credit of witness
Questions tending to Questions tending to
156 corroborate evidence of 159 corroborate evidence of
relevant fact, admissible relevant fact, admissible
Former statements of witness Former statements of witness
157 may be proved to corroborate 160 may be proved to corroborate
later testimony as to same fact later testimony as to same fact
What matters may be proved in What matters may be proved in
connection with proved connection with proved
158 161
statement relevant under section statement relevant under section
32 or 33 26 or 27

Testimony to facts stated in Testimony to facts stated in

160 document mentioned in section 163 document mentioned in section
159 162
Right of adverse party as to Right of adverse party as to
161 writing used to refresh memory writing used to refresh memory

Giving, as evidence, of Giving, as evidence, of

163 document called for and 166 document called for and
produced on notice produced on notice
Using, as evidence, of Using, as evidence, of
document, production of which 167 document production of which
was refused on notice was refused on notice
Judge's power to put questions or Judge's power to put questions or
165 order production 168 order production
Power ofjury or assessors to put
166 questions
o new trial for No new trial for improper
167 improper admission or 169 admission or rejection of
rejection of evidence evidence