- Bare Perusal
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IEA , 1872 |
BSA, 2023 |
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Parts |
III | IV |
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Chapters |
11 |
12 |
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Sections |
167 |
170 |
- Detailed Matrix
Tabulation as per :
1). Clause as suggested in the new Act
2). Heading (with minor differences enumerated. Detailed differences to be dealt later)
3). Reflection in the old Act of 1872
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Clause in the new BSB, 2023 |
Title ( and Chapter ) in the Bill |
Corresponding provisions in the old Evidence Act of 1872 |
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PART 1 Chapter 1 : Preliminary |
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| 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 Herein “ | 3 (k) |
| Clause in the new BSB, 2023 | Title ( and Chapter ) in the Bill | Old Evidence Act of 1872 | ||
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PART II Chapter II : Relevancy of Facts |
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| Clause 3 | Evidence May be given of facts in issue and relevant facts | Section 5 | ||
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Closely connected facts |
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| Clause 4 | Relevancy of facts forming part of same transaction | Section 6 | ||
| Clause 5 | Facts which are occasion, cause or effect of facts in issue or relevant facts. | Section 7 | ||
| Clause 6 | Motive, preparation and previous or subsequent conduct. | Section 8 | ||
| Clause 7 | Facts necessary to explain or introduce fact in issue or relevant facts. | Section 9 | ||
| Clause 8 | Things said or done by conspirator in reference to common design | Section 10 | ||
| Clause 9 | When facts not otherwise relevant become relevant. | Section 11 | ||
| Clause 10 | Facts tending to enable Court to determine amount are relevant in suits for damages. | Section 12 | ||
| Clause 11 | Facts relevant when right or custom is in question. | Section 13 | ||
| Clause 12 | Facts showing existence of state of mind, or of body or bodily feeling. | Section 14 | ||
| Clause 13 | Facts bearing on question whether act was accidental or intentional. | Section 15 | ||
| Clause 14 | Existence of course of business when relevant. | Section 16 | ||
| Admissions | ||||
| Clause 15 | Admission defined | Section 17 | ||
| Clause 16 | Admission by party to proceeding or his agent | Section 18 | ||
| Clause 17 | Admissions by persons whose position must be proved as against party to suit | Section 19 | ||
| Clause 18 | Admissions by persons expressly referred to by party to suit | Section 20 | ||
| Clause 19 | Proof of admissions against persons making them, and by or on their behalf | Section 21 | ||
| Clause 20 | When oral admissions as to contents of documents are relevant | Section 22
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| Clause 21 | Admissions in civil cases when relevant | Section 23 | ||
| Clause 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | Section 24 – First Part
Section 28 – Proviso (1) Section 29 – Proviso (2) |
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| Clause 23 | Confession to police officer | Section 25 – Clause 23 (1)
Section 26 – Clause 23 (2) Section 27 – Proviso |
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| Clause 24 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | Section 30 | ||
| Clause 25 | Admissions not conclusive proof, but may estop | Section 31 | ||
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Statements by persons who cannot be called as witnesses |
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| Clause 26 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant | Section 32 | ||
| Clause 27 | Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated | Section 33 | ||
| Statements made under special circumstances | ||||
| Clause 28 | Entries in books of account when relevant | Section 34 | ||
| Clause 29 | Relevancy of entry in public record or an electronic record made in performance of duty | Section 35 | ||
| Clause 30 | Relevancy of statements in maps, charts and plans | Section 36 | ||
| Clause 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications | Section 37 | ||
| Clause 32 | Relevancy of statements as to any law contained in law books including electronic or digital form | Section 38 | ||
| How much of a statement is to be proved | ||||
| Clause 33 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers | Section 39 | ||
| Judgments of Courts when relevant | ||||
| Clause 34 | Previous judgments relevant to bar a second suit or trial | Section 40 | ||
| Clause 35 | Relevancy of certain judgments in probate, etc., jurisdiction | Section 41 | ||
| Clause 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 35 (CLAUSE) | Section 42 | ||
| Clause 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant | Section 43 | ||
| Clause 38 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | Section 44 | ||
| Opinions of third persons when relevant | ||||
| Clause 39 | Opinions of experts | Section 45
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| Clause 40 | Facts bearing upon opinions of experts | Section 46 | ||
| Clause 41 | Opinion as to handwriting and signature, when relevant | Section 47
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| Clause 42 | Opinion as to existence of general custom or right, when relevant | Section 48 | ||
| Clause 43 | Opinion as to usages, tenets, etc., when relevant | Section 49 | ||
| Clause 44 | Opinion on relationship, when relevant | Section 50 | ||
| Clause 45 | Grounds of opinion, when relevant | Section 51 | ||
| Character when Relevant | ||||
| Clause 46 | In civil cases character to prove conduct imputed, irrelevant | Section 52 | ||
| Clause 47 | In criminal cases previous good character relevant | Section 53 | ||
| Clause 48 | Evidence of character or previous sexual experience not relevant in certain cases | Section 53A | ||
| Clause 49 | Previous bad character not relevant, except in reply | Section 54 | ||
| Clause 50 | Character as affecting damages | Section 55 | ||
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PART III: ON PROOF Chapter III Facts which need not be proved
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| Clause 51 | Fact judicially noticeable need not be proved | Section 56 |
| Clause 52 | Facts of which Court shall take judicial notice | Section 57 |
| Clause 53 | Facts admitted need not be proved | Section 58 |
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CHAPTER IV OF ORAL EVIDENCE |
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| 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 |
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| 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 evidence | Section 64 |
| Clause 60 | Cases in which secondary evidence relating to documents may be given | Section 65 |
| Clause 61 | Electronic or digital record | { NEW ADDITION} |
| Clause 62 | Special provisions as to evidence relating to electronic record | Section 65A |
| Clause 63 | Admissibility of electronic records | Section 65B |
| Clause 64 | Rules as to notice to produce | Section 66 |
| Clause 65 | Proof of signature and handwriting of person alleged to have signed or written document produced | Section 67 |
| Clause 66 | Proof as to electronic signature | Section 67A |
| Clause 67 | Proof of execution of document required by law to be attested | Section 68 |
| Clause 68 | Proof where no attesting witness found | Section 69 |
| Clause 69 | Admission of execution by party to attested document | Section 70 |
| Clause 70 | Proof when attesting witness denies execution | Section 71 |
| Clause 71 | Proof of document not required by law to be attested | Section 72 |
| Clause 72 | Comparison of signature, writing or seal with others admitted or proved | Section 73 |
| Clause 73 | Proof as to verification of digital signature | Section 73A |
Public Documents |
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| Clause 74 | Public and private documents | · Section 74 – Public
· Section 75 – Private
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| Clause 75 | Certified copies of public documents | Section 76 |
| Clause 76 | Proof of documents by production of certified copies | Section 77 |
| Clause 77 | Proof of other official documents | Section 78 |
| Presumptions as to documents | ||
| Clause 78 | Presumption as to genuineness of certified copies | Section 79 |
| Clause 79 | Presumption as to documents produced as record of evidence, etc | Section 80 |
| Clause 80 | Presumption as to Gazettes, newspapers, and other documents | Section 81 |
| Clause 81 | Presumption as to Gazettes in electronic or digital record | Section 81A |
| Clause 82 | Presumption as to maps or plans made by authority of Government | Section 83 |
| Clause 83 | Presumption as to collections of laws and reports of decisions | Section 84 |
| Clause 84 | Presumption as to powers of-attorney | Section 85 |
| Clause 85 | Presumption as to electronic agreements | Section 85A |
| Clause 86 | Presumption as to electronic records and electronic signatures | Section 85B |
| Clause 87 | Presumption as to Electronic Signature Certificates | Section 85C |
| Clause 88 | Presumption as to certified copies of foreign judicial records | Section 86 |
| Clause 89 | Presumption as to books, maps and charts | Section 87 |
| Clause 90 | Presumption as to electronic messages | Section 88A |
| Clause 91 | Presumption as to due execution, etc., of documents not produced | Section 89 |
| Clause 92 | Presumption as to documents thirty years old | Section 90 |
| Clause 93 | Presumption as to electronic records five years old | Section 90A |
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CHAPTER VI OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE |
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| Clause 94 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | Section 91 |
| Clause 95 | Exclusion of evidence of oral agreement | Section 92 |
| Clause 96 | Exclusion of evidence to explain or amend ambiguous document | Section 93 |
| Clause 97 | Exclusion of evidence against application of document to existing facts | Section 94 |
| Clause 98 | Evidence as to document unmeaning in reference to existing facts | Section 95 |
| Clause 99 | Evidence as to application of language which can apply to one only of several persons | Section 96 |
| Clause 100 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | Section 97 |
| Clause 101 | Evidence as to meaning of illegible characters, etc | Section 98 |
| Clause 102 | Who may give evidence of agreement varying terms of document | Section 99 |
| Clause 103 | Saving of provisions of Indian Succession Act relating to wills | Section 100 |
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PART IV : PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII OF THE BURDEN OF PROOF |
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| 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 fact | Section 103 |
| Clause 107 | Burden of proving fact to be proved to make evidence admissible | Section 104 |
| Clause 108 | Burden of proving that case of accused comes within exceptions | Section 105 |
| Clause 109 | Burden of proving fact especially within knowledge | Section 106 |
| Clause 110 | Burden of proving death of person known to have been alive within thirty years | Section 107 |
| Clause 111 | Burden of proving that person is alive who has not been heard of for seven years | Section 108 |
| Clause 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent | Section 109 |
| Clause 113 | Burden of proof as to ownership | Section 110 |
| Clause 114 | Proof of good faith in transactions where one party is in relation of active confidence | Section 111 |
| Clause 115 | Presumption as to certain offences | Section 111A |
| Clause 116 | Birth during marriage, conclusive proof of legitimacy | Section 112 |
| Clause 117 | Presumption as to abetment of suicide by a married woman | Section 113A |
| Clause 118 | Presumption as to dowry death | Section 113B |
| Clause 119 | Court may presume existence of certain facts | Section 114 |
| Clause 120 | Presumption as to absence of consent in certain prosecution for rape | Section 114A |
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CHAPTER VIII ESTOPPEL |
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| Clause 121 | Estoppel | Section 115 |
| Clause 122 | Estoppel of tenant and of licensee of person in possession | Section 116 |
| Clause 123 | Estoppel of acceptor of bill of exchange, bailee or licensee | Section 117 |
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CHAPTER IX OF WITNESSES |
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| Clause 124 | Who may testify | Section 118 |
| Clause 125 | Witness unable to communicate verbally | Section 119 |
| Clause 126 | Competency of husband and wife as witnesses in certain cases | Section 120 |
| 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 offences | Section 125 |
| Clause 132 | Professional communications | · Section 126
· Section 127 |
| Clause 133 | Privilege not waived by volunteering evidence | Section 128 |
| Clause 134 | Confidential communication with legal advisers | Section 129 |
| Clause 135 | Production of title-deeds of witness not a party | Section 130 |
| Clause 136 | Production of documents or electronic records which another person, having possession, could refuse to produce | Section 131 |
| Clause 137 | Witness not excused from answering on ground that answer will criminate | Section 132 |
| Clause 138 | Accomplice | Section 133 |
| Clause 139 | Number of witnesses | Section 134 |
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CHAPTER X OF EXAMINATION OF WITNESSES |
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| Clause 140 | Order of production and examination of witnesses | Section 135 |
| Clause 141 | Judge to decide as to admissibility of evidence | Section 136 |
| Clause 142 | Examination of witnesses | Section 137 |
| Clause 143 | Order of examinations | Section 138 |
| Clause 144 | Cross examination of person called to produce a document | Section 139 |
| Clause 145 | Witnesses to character | Section 140 |
| Clause 146 | Leading questions | · Section 141 – Clause (1)
· Section 142 – Clause (2) and (3) · Section 143 – Clause (4) |
| Clause 147 | Evidence as to matters in writing | Section 144 |
| Clause 148 | Cross examination as to previous statements in writing | Section 145 |
| Clause 149 | Questions lawful in cross examination | Section 146 |
| Clause 150 | When witness to be compelled to answer | Section 147 |
| Clause 151 | Court to decide when question shall be asked and when witness compelled to answer | Section 148 |
| Clause 152 | Question not to be asked without reasonable grounds | Section 149 |
| Clause 153 | Procedure of Court in case of question being asked without reasonable grounds | Section 150 |
| Clause 154 | Indecent and scandalous questions | Section 151 |
| Clause 155 | Questions intended to insult or annoy | Section 152 |
| Clause 156 | Exclusion of evidence to contradict answers to questions testing veracity | Section 153 |
| Clause 157 | Question by party to his own witness | Section 154 |
| Clause 158 | Impeaching credit of witness | Section 155 |
| Clause 159 | Questions tending to corroborate evidence of relevant fact, admissible | Section 156 |
| Clause 160 | Former statements of witness may be proved to corroborate later testimony as to same fact | Section 157 |
| Clause 161 | What matters may be proved in connection with proved statement relevant under section 26 or 27 | Section 158 |
| Clause 162 | Refreshing memory | Section 159 |
| Clause 163 | Testimony to facts stated in document mentioned in section 162 | Section 160 |
| Clause 164 | Right of adverse party as to writing used to refresh memory | Section 161 |
| Clause 165 | Production of documents | Section 162 |
| Clause 166 | Giving, as evidence, of document called for and produced on notice | Section 163 |
| Clause 167 | Using, as evidence, of document production of which was refused on notice | Section 164 |
| Clause 168 | Judge’s power to put questions or order production | Section 165 |
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CHAPTER XI OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE |
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| Clause 169 | No new trial for improper admission or rejection of evidence | Section 166 |
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CHAPTER XII REPEAL AND SAVINGS |
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| Clause 170 | Repeal and Savings | {NEW ADDITION} |
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