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.
CHAPTER II: RELEVANCY OF FACTS This is the most important part of the Act. It’s the set of rules that determines what evidence is allowed to be presented in court. Evidence must be both logically relevant and legally relevant (i.e., it must fit one of these rules). Section 3: Evidence may be given of facts
This guide breaks down the first ten sections of the Bharatiya Sakshya Adhiniyam (BSA), 2023, into simple, easy-to-understand language. Each provision is explained with practical, real-world examples. PART I CHAPTER I: PRELIMINARY This chapter sets the stage for the entire Act, defining its name, scope, and the basic terms it uses. Section 1: Short title,
Part IV: Supplementary Provisions Section 82: Power of High Court to make rules This section grants specific rule-making authority to the higher judiciary. Section 83: Removal of difficulties This is a temporary provision giving the government power to fix unforeseen issues that arise when a new law is implemented. (1) If any difficulty arises in
PART III: CONCILIATION Section 61: Application and scope This section defines the kinds of disputes that can be settled using the conciliation process under this Act. (1) Save as otherwise provided by any law for the time being in force and unless the parties have otherwise agreed, this Part shall apply to conciliation of disputes
PART II: ENFORCEMENT OF CERTAIN FOREIGN AWARDS Chapter I: New York Convention Awards Section 44: Definition This section defines the criteria for an award to be recognized in India under the New York Convention. Section 45: Power of judicial authority to refer parties to arbitration This section covers what happens when a lawsuit is filed
PART IA: ARBITRATION COUNCIL OF INDIA (ACI) This part, inserted by a 2019 amendment, establishes a statutory body to promote arbitration, mediation, and conciliation in India. Section 43A: Definitions This section defines the key terms used specifically within Part IA. (a) “Chairperson” means the Chairperson of the Arbitration Council of India appointed under clause (a)
Chapter X: Miscellaneous Section 38: Deposits This section details how the Arbitral Tribunal manages the money deposited by the parties to cover the expenses of the arbitration. (1) The arbitral tribunal may fix the amount of the deposit or supplementary deposit, as the case may be, as an advance for the costs referred to in
