Bharatiya Sakshya Adhiniyam, 2023

CHAPTER XII: REPEAL AND SAVINGS Section 170: Repeal and savings.

CHAPTER XI: OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE Section 169: No new trial for improper admission or rejection of evidence.

CHAPTER X: OF EXAMINATION OF WITNESSES Section 140: Order of production and examination of witnesses. Section 141: Judge to decide as to admissibility of evidence. Section 142: Examination of witnesses. This section defines the three stages of questioning a witness. Section 143: Order of examinations. Section 144: Cross-examination of person called to produce a document.

CHAPTER IX: OF WITNESSES This chapter details who is competent to give evidence and what is considered privileged information that a person cannot be forced to disclose. Section 124: Who may testify. Section 125: Witness unable to communicate verbally. Section 126: Competency of husband and wife as witnesses in certain cases. Section 127: Judges and

CHAPTER VIII: ESTOPPEL Section 121: Estoppel. Section 122: Estoppel of tenant and of licensee of person in possession. Section 123: Estoppel of acceptor of bill of exchange, bailee or licensee.

CHAPTER VII: OF THE BURDEN OF PROOF This is a new, critical chapter. It stops talking about what evidence is allowed and starts talking about who is responsible for proving it. Section 104: Burden of proof. Section 105: On whom burden of proof lies. Section 106: Burden of proof as to particular fact. Section 107:

CHAPTER VI: OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE This chapter contains one of the most important rules in law, often called the “Parol Evidence Rule” or the “Best Evidence Rule.” The Core Idea: When people have taken the time to put their agreement into a formal written document, that document is the

CHAPTER V: OF DOCUMENTARY EVIDENCE Section 56: Proof of contents of documents. Section 57: Primary evidence. Section 58: Secondary evidence. Section 59: Proof of documents by primary evidence. Section 60: Cases in which secondary evidence relating to documents may be given. Section 61: Electronic or digital record. Section 62: Special provisions as to evidence relating

CHAPTER IV: OF ORAL EVIDENCE Section 54: Proof of facts by oral evidence. Section 55: Oral evidence to be direct. This is the most important rule in this chapter, and it effectively outlaws hearsay. “Direct” means the person testifying is the one who experienced the fact with their own senses.

CHAPTER III: FACTS WHICH NEED NOT BE PROVED Section 51: Fact judicially noticeable need not be proved. Section 52: Facts of which Court shall take judicial notice. This section provides the mandatory list of facts that judges must accept as true without proof. Section 53: Facts admitted need not be proved.