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Important Sections of Bharatiya Sakshya Bill 2023

Important Sections of Bharatiya Sakshya Bill 2023 



Section 2 - Definitions.

Section 3 - Evidence may be given of the facts in issue and relevant facts.

Section 4 - Relevancy of facts forming part of same transaction.

Section 9 - When facts not otherwise relevant become relevant.

Section 8 - Things said or done by conspirator in reference to common design.

Section 15 - Admission defined.

Section 21 - Admissions in civil cases when relevant.

Section 22 -Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.

Section 23 - Confession to police officer.

Section 24 - Consideration of proved confession affecting person making it and others jointly under trial for same offence.

Section 24 - Confession by inducement, threat or promise when irrelevant in criminal proceeding.

Section 26 - Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant.

Section 32 -  Relevancy of statements as to any law contained in law books including electronic or digital form.

Section 34 - Previous judgments relevant to bar a second suit or trial.

Section 39 - Opinions of experts.

Section 41 - Opinions as to handwriting and signature, when relevant.

Section 45 - Grounds of opinion when relevant.

Section 46 - In civil cases characters to prove conduct imputed, irrelevant.

Section 47 - In criminal cases previous good character relevant.

Section 48 - Evidence of character or previous sexual experience not relevant in certain cases .

Section 51 - Facts Judicially noticeable need not to be proved.

Section 52 - Facts of which court shall take judicial notice. 

Section 53 - Facts admitted need not to be proved.

Section 54 - Proof of facts b oral evidence.  

Section 55 - Oral evidence must be direct.

Section 57 - Primary evidence.

Section 58 - Secondary Evidence.

Section 60 - Cases in which secondary evidence relating to documents may be given.

Section 62 -  Special provisions as to evidence relating to electronic record.

Section 63 - Admissibility of electronic records.

Section 74 - Public and Private documents.

Section 86 -  Presumption as to electronic records and electronic signatures.

Section 92 - Presumption as to documents thirty years old.

Section 93 -  Presumption as to electronic records five years old.

Section 94 - Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents.

Section 104 - Burden of proof.

Section 114 - Proof of good faith in transactions where one party is in relation of active confidence.

Section 115 - Presumption as to certain offences.

Section 116 - Birth during marriage, conclusive proof of legitimacy.

Section 117 - Presumption as to abetment of suicide by a married women.

Section 118 - Presumption as to dowry death.

Section 119 - Court may presume existence of certain facts. 


Section 120 - Presumption as to absence of consent in certain prosecutions for rape.

Section 121 -  Estoppel.

Section 124 - Who may testify?

Section 125 - Witness unable to communicate verbally.

Section 128 - Communications during marriage.

Section 130 - Official communications.

Section 137 - Witness not excused from answering on ground that answer will criminate.

Section 138 - Accomplice.

Section 139 - Number of witnesses.

Section 143 - Order of examinations.

Section 146 - Leading questions.

Section 148 - Cross examination as to previous statements in writing.

Section 150 -  When witness to be compelled to answer. 

Section 154 - Indecent and scandalous questions.

Section 160 - Former statements of witness may be proved to corroborate later testimony as to same fact.

Section 162 - Refreshing memory.

Section 169 -  No new trial for improper admission or rejection of evidence