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[
  {
    "chapter": "Part I",
    "chapter_title": "General",
    "section": "1",
    "section_title": "Short title, application and commencement",
    "section_desc": "(1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator. (3) It shall come into force on the 1st day of July, 2024."
  },
  {
    "chapter": "Part I",
    "chapter_title": "General",
    "section": "2",
    "section_title": "Definitions",
    "section_desc": "(1) In this Adhiniyam, unless the context otherwise requires: (a) 'Court' includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence; (b) 'conclusive proof'—when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it; (c) 'disproved'—a fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist; (d) 'document' means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks, or by more than one of those means or by any other means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records; (e) 'evidence' means and includes: (i) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (ii) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence; (f) 'fact' means and includes: (i) any thing, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious; (g) 'facts in issue' means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows; (h) 'may presume'—whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it; (i) 'not proved'—a fact is said not to be proved when it is neither proved nor disproved; (j) 'proved'—a fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; (k) 'relevant'—one fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts; (l) 'shall presume'—whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "3",
    "section_title": "Evidence may be given of facts in issue and relevant facts",
    "section_desc": "Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation: This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "4",
    "section_title": "Relevancy of facts forming part of same transaction (Res Gestae)",
    "section_desc": "Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustration: A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "5",
    "section_title": "Facts which are the occasion, cause or effect of facts in issue",
    "section_desc": "Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustration: The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "6",
    "section_title": "Motive, preparation and previous or subsequent conduct",
    "section_desc": "(1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1: The word 'conduct' in this section does not include statements, unless those statements accompany and explain acts other than statements. Explanation 2: When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "7",
    "section_title": "Facts necessary to explain or introduce relevant facts (Test Identification Parade)",
    "section_desc": "Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "8",
    "section_title": "Things said or done by conspirator in reference to common design",
    "section_desc": "Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "9",
    "section_title": "When facts not otherwise relevant become relevant (Plea of Alibi)",
    "section_desc": "Facts not otherwise relevant are relevant: (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustration: The question is, whether A committed a crime at Kolkata on a certain day. The fact that, on that day, A was at Chennai is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "12",
    "section_title": "Facts showing existence of state of mind, or of body, or bodily feeling",
    "section_desc": "Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Explanation 1: A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2: But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "14",
    "section_title": "Existence of course of business when relevant",
    "section_desc": "When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustration: The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that letter was put in that place, are relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "15",
    "section_title": "Admission defined",
    "section_desc": "An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "16",
    "section_title": "Admission by party to proceeding or his agent",
    "section_desc": "(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. (2) Statements made by parties to suits, suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. (3) Statements made by persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "19",
    "section_title": "Proof of admissions against persons making them, and by or on their behalf",
    "section_desc": "Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases: (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "20",
    "section_title": "When oral admissions as to contents of documents are relevant",
    "section_desc": "Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "21",
    "section_title": "Admissions in civil cases when relevant",
    "section_desc": "In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation: Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "22",
    "section_title": "Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding",
    "section_desc": "A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "23",
    "section_title": "Confession to police officer not to be proved",
    "section_desc": "(1) No confession made to a police officer shall be proved as against a person accused of any offence. (2) No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "24",
    "section_title": "How much of information received from accused may be proved (Discovery of Fact)",
    "section_desc": "Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "25",
    "section_title": "Confession made after removal of impression caused by inducement, threat or promise, relevant",
    "section_desc": "If such a confession as is referred to in section 22 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "26",
    "section_title": "Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant (Dying Declaration)",
    "section_desc": "Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases: (1) When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question; (2) When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books or electronic records kept in the ordinary course of business; (3) When the statement is against the pecuniary or proprietary interest of the person making it; (4) When the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest; (5) When the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge; (6) When the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family; (7) When the statement is contained in any deed, will or other document which relates to any such transaction as is mentioned in section 11; (8) When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "27",
    "section_title": "Consideration of proved confession affecting person making it and others jointly under trial",
    "section_desc": "When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. Explanation: 'Offence' as used in this section, includes the abetment of, or attempt to commit, the offence."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "29",
    "section_title": "Relevancy of entry in public record or an electronic record made in performance of duty",
    "section_desc": "An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record is kept, is itself a relevant fact."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "34",
    "section_title": "Previous judgments relevant to bar a second suit or trial (Res Judicata)",
    "section_desc": "The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "39",
    "section_title": "Opinions of experts",
    "section_desc": "(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions or digital signature, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions or digital signature are relevant facts. Such persons are called experts. Illustration: The question is, whether the death of A was caused by poison. The opinions of experts in respect of the symptoms produced by the poison by which A is supposed to have died, are relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "41",
    "section_title": "Opinion as to handwriting and signature, including electronic signature, when relevant",
    "section_desc": "(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. (2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "47",
    "section_title": "In criminal cases previous good character relevant",
    "section_desc": "In criminal proceedings the fact that the person accused is of a good character is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "48",
    "section_title": "Evidence of character or previous sexual experience not relevant in certain cases",
    "section_desc": "In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "49",
    "section_title": "Previous bad character not relevant, except in reply",
    "section_desc": "In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1: This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2: A previous conviction is relevant as evidence of bad character."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Facts Which Need Not Be Proved",
    "section": "51",
    "section_title": "Fact judicially noticeable need not be proved",
    "section_desc": "No fact of which the Court will take judicial notice need be proved."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Facts Which Need Not Be Proved",
    "section": "52",
    "section_title": "Facts of which Court shall take judicial notice",
    "section_desc": "(1) The Court shall take judicial notice of the following facts, namely: (a) all laws in force in the territory of India; (b) public Acts passed by Parliament; (c) the course of proceeding of Parliament and of the Legislatures; (d) the accession of the Head of the State and the official signatures of persons holding public office in India; (e) the existence, title and national flag of every State recognized by the Government of India; (f) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (g) the rule of the road, on land or at sea. (2) In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Facts Which Need Not Be Proved",
    "section": "53",
    "section_title": "Facts admitted need not be proved",
    "section_desc": "No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Oral Evidence",
    "section": "54",
    "section_title": "Proof of facts by oral evidence",
    "section_desc": "All facts, except the contents of documents or electronic records, may be proved by oral evidence."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Oral Evidence",
    "section": "55",
    "section_title": "Oral evidence must be direct",
    "section_desc": "Oral evidence shall, in all cases whatever, be direct; that is to say: if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found or has become incapable of giving evidence."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "56",
    "section_title": "Proof of contents of documents",
    "section_desc": "The contents of documents may be proved either by primary or by secondary evidence."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "57",
    "section_title": "Primary evidence",
    "section_desc": "Primary evidence means the document itself produced for the inspection of the Court. Explanation 1: Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2: Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Explanation 3: Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple computers, each such computer storage is primary evidence."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "58",
    "section_title": "Secondary evidence",
    "section_desc": "Secondary evidence means and includes: (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it; (6) oral admissions; (7) written admissions; (8) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "60",
    "section_title": "Cases in which secondary evidence relating to documents may be given",
    "section_desc": "Secondary evidence may be given of the existence, condition, or contents of a document in the following cases: (a) when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved; (b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved; (c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; (d) when the original is of such a nature as not to be easily movable; (e) when the original is a public document within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence; (g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Electronic Evidence",
    "section": "61",
    "section_title": "Admissibility of electronic or digital record",
    "section_desc": "Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall have the same legal effect, validity and enforceability as other document."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Electronic Evidence",
    "section": "62",
    "section_title": "Special provisions as to evidence relating to electronic record",
    "section_desc": "The contents of electronic records may be proved in accordance with the provisions of section 63."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Electronic Evidence",
    "section": "63",
    "section_title": "Admissibility of electronic records and Certificate requirement",
    "section_desc": "(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media or each digital and electronic record produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities. (3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer. (4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say: (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule. (5) For the purposes of this section: (a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Public Documents",
    "section": "74",
    "section_title": "Public documents",
    "section_desc": "(1) The following documents are public documents: (a) documents forming the acts, or records of the acts: (i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State of private documents. (2) All other documents are private."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Public Documents",
    "section": "76",
    "section_title": "Certified copies of public documents",
    "section_desc": "Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "81",
    "section_title": "Presumption as to electronic records and electronic signatures",
    "section_desc": "The Court shall presume that every electronic record purporting to be an agreement between the parties was concluded by affixing the digital signature of the parties, and the Court shall presume that the electronic signature affixed to any document was affixed by the person by whom it purports to have been affixed."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "84",
    "section_title": "Presumption as to electronic agreements",
    "section_desc": "The Court shall presume that every electronic record purporting to be an agreement containing the electronic signatures of the parties was so concluded by affixing the electronic signatures of the parties."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "86",
    "section_title": "Presumption as to electronic messages",
    "section_desc": "The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed, corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "90",
    "section_title": "Presumption as to electronic records five years old",
    "section_desc": "Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorized by him in this behalf."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Exclusion of Oral Evidence by Documentary Evidence",
    "section": "94",
    "section_title": "Evidence of terms of contracts, grants and other dispositions of property reduced to form of document",
    "section_desc": "When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Exclusion of Oral Evidence by Documentary Evidence",
    "section": "95",
    "section_title": "Exclusion of evidence of oral agreement",
    "section_desc": "When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Provided that any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "104",
    "section_title": "Burden of proof",
    "section_desc": "Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustration: A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "105",
    "section_title": "On whom burden of proof lies",
    "section_desc": "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustration: A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "106",
    "section_title": "Burden of proof as to particular fact",
    "section_desc": "The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration: A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "108",
    "section_title": "Burden of proving that case of accused comes within exceptions",
    "section_desc": "When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, or within any special exception or proviso contained in any other part of the said Sanhita, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustration: A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "109",
    "section_title": "Burden of proving fact especially within knowledge",
    "section_desc": "When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustration: When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "111",
    "section_title": "Burden of proving that person is alive who has not been heard of for seven years",
    "section_desc": "Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "115",
    "section_title": "Birth during marriage, conclusive proof of legitimacy",
    "section_desc": "The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "116",
    "section_title": "Presumption as to abetment of suicide by a married woman",
    "section_desc": "When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation: For the purposes of this section, 'cruelty' shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "117",
    "section_title": "Presumption as to dowry death",
    "section_desc": "When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation: For the purposes of this section, 'dowry death' shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "118",
    "section_title": "Court may presume existence of certain facts",
    "section_desc": "The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. The Court may presume: (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; (b) that an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence; (e) that judicial and official acts have been regularly performed; (f) that the common course of business has been followed in particular cases; (g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him; (i) that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "119",
    "section_title": "Presumption as to absence of consent in certain prosecution for rape",
    "section_desc": "In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Estoppel",
    "section": "121",
    "section_title": "Estoppel",
    "section_desc": "When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. Illustration: A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Estoppel",
    "section": "122",
    "section_title": "Estoppel of tenant and of licensee of person in possession",
    "section_desc": "No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any subsequent period, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "124",
    "section_title": "Who may testify",
    "section_desc": "All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by reason of tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation: A person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness of mind from understanding the questions put to him and giving rational answers to them."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "125",
    "section_title": "Witness unable to communicate verbally",
    "section_desc": "A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court. Evidence so given shall be deemed to be oral evidence: Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "128",
    "section_title": "Communications during marriage",
    "section_desc": "No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "132",
    "section_title": "Professional communications (Attorney-Client Privilege)",
    "section_desc": "(1) No advocate, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service: Provided that nothing in this section shall protect from disclosure: (a) any such communication made in furtherance of any illegal purpose; (b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service. (2) The obligation stated in sub-section (1) continues after the professional service has ceased."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "137",
    "section_title": "Accomplice",
    "section_desc": "An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "138",
    "section_title": "Number of witnesses",
    "section_desc": "No particular number of witnesses shall in any case be required for the proof of any fact."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "141",
    "section_title": "Order of examinations (Examination-in-chief, Cross, Re-examination)",
    "section_desc": "(1) The examination of a witness by the party who calls him shall be called his examination-in-chief. (2) The examination of a witness by the adverse party shall be called his cross-examination. (3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "142",
    "section_title": "Order of examinations and direction of re-examination",
    "section_desc": "(1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. (2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. (3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "145",
    "section_title": "Leading questions",
    "section_desc": "(1) Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question. (2) Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. (3) The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. (4) Leading questions may be asked in cross-examination."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "154",
    "section_title": "Question by party to his own witness (Hostile Witness)",
    "section_desc": "(1) The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. (2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "155",
    "section_title": "Impeaching credit of witness",
    "section_desc": "The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him: (a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence; (c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "158",
    "section_title": "Refreshing memory",
    "section_desc": "(1) A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory. (2) The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct. (3) Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "165",
    "section_title": "Judge's power to put questions or order production",
    "section_desc": "The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing: Provided that the judgment must be based upon facts declared by this Adhiniyam to be relevant, and duly proved."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Repeal and Savings",
    "section": "170",
    "section_title": "Repeal and savings",
    "section_desc": "(1) The Indian Evidence Act, 1872 is hereby repealed. (2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation or any other proceeding pending, then such application, trial, inquiry, investigation or other proceeding shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement as if this Adhiniyam had not come into force; all rules, notifications, orders or appointments made under the old Act shall continue in force until superseded."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "10",
    "section_title": "In suits for damages, facts tending to enable Court to determine amount are relevant",
    "section_desc": "In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "11",
    "section_title": "Facts relevant when right or custom is in question",
    "section_desc": "Where the question is as to the existence of any right or custom, the following facts are relevant: (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "13",
    "section_title": "Facts bearing on question whether act was accidental or intentional",
    "section_desc": "When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Illustration: A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several other houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant, as tending to show that the fires were not accidental."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "17",
    "section_title": "Admissions by persons whose position must be proved as against party to suit",
    "section_desc": "Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "18",
    "section_title": "Admissions by persons expressly referred to by party to suit",
    "section_desc": "Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration: The question is, whether a horse sold by A to B is sound. A says to B—'Go and ask C, C knows all about it.' C's statement is an admission."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "28",
    "section_title": "Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated",
    "section_desc": "Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "30",
    "section_title": "Entries in books of account, including those in electronic form, when relevant",
    "section_desc": "Entries in books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "31",
    "section_title": "Relevancy of statements in maps, charts and plans",
    "section_desc": "Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "35",
    "section_title": "Relevancy of certain judgments in probate, etc., jurisdiction",
    "section_desc": "A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant. Such judgment, order or decree is conclusive proof that any legal character which it confers accrued at the time when such judgment, order or decree came into operation."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "36",
    "section_title": "Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35",
    "section_desc": "Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "38",
    "section_title": "Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved",
    "section_desc": "Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "40",
    "section_title": "Facts bearing upon opinions of experts",
    "section_desc": "Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustration: The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "42",
    "section_title": "Opinion as to existence of general custom or right, when relevant",
    "section_desc": "When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation: The expression 'general custom or right' includes customs or rights common to any considerable class of persons."
  },
  {
    "chapter": "Chapter II",
    "chapter_title": "Relevancy of Facts",
    "section": "44",
    "section_title": "Opinion on relationship, when relevant",
    "section_desc": "When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Bharatiya Nyaya Sanhita, 2023 or in suits for dissolution of marriage."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "64",
    "section_title": "Rules as to notice to produce",
    "section_desc": "Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or pleader, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "65",
    "section_title": "Proof of signature and handwriting of person alleged to have signed or written document produced",
    "section_desc": "If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Documentary Evidence",
    "section": "66",
    "section_title": "Proof as to electronic signature",
    "section_desc": "Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such electronic signature is the electronic signature of the subscriber must be proved."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Public Documents",
    "section": "75",
    "section_title": "Private documents",
    "section_desc": "All documents other than public documents specified in section 74 are private documents."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Public Documents",
    "section": "77",
    "section_title": "Proof of documents by production of certified copies",
    "section_desc": "Certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Public Documents",
    "section": "78",
    "section_title": "Proof of other official documents",
    "section_desc": "The following public documents may be proved as follows: (a) acts, orders or notifications of the Central Government or any State Government, by the records of the departments certified by the heads of those departments respectively, or by any document purporting to be printed by order of any such Government; (b) the proceedings of the Legislatures, by the journals of those bodies respectively, or by published Acts or abstracts; (c) proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty's Government; (d) the acts of the Executive or the proceedings of the Legislature of a foreign country; (e) the proceedings of a municipal body in a State; (f) public documents of any other class in a foreign country."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "79",
    "section_title": "Presumption as to genuineness of certified copies",
    "section_desc": "(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. (2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "83",
    "section_title": "Presumption as to maps or plans made by authority of Government",
    "section_desc": "The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Presumptions as to Documents",
    "section": "85",
    "section_title": "Presumption as to powers-of-attorney",
    "section_desc": "The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Exclusion of Oral by Documentary Evidence",
    "section": "96",
    "section_title": "Exclusion of evidence to explain or amend ambiguous document",
    "section_desc": "When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustration: A agrees, in writing, to sell a horse to B for 'Rs. 1,000 or Rs. 1,500'. Evidence cannot be given to show which price was to be given."
  },
  {
    "chapter": "Part II",
    "chapter_title": "On Proof - Exclusion of Oral by Documentary Evidence",
    "section": "97",
    "section_title": "Exclusion of evidence against application of document to existing facts",
    "section_desc": "When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration: A sells to B, by deed, 'my estate at Rampur containing 100 bighas'. A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant was one situated at a different place and of a different size."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "107",
    "section_title": "Burden of proving fact necessary to be proved to make evidence admissible",
    "section_desc": "The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustration: A wishes to prove a dying declaration by B. A must prove B's death. A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "110",
    "section_title": "Burden of proving death of person known to have been alive within thirty years",
    "section_desc": "When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "112",
    "section_title": "Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent",
    "section_desc": "When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "113",
    "section_title": "Burden of proof as to ownership",
    "section_desc": "When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Burden of Proof",
    "section": "114",
    "section_title": "Proof of good faith in transactions where one party is in relation of active confidence",
    "section_desc": "Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustration: The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Estoppel",
    "section": "123",
    "section_title": "Estoppel of acceptor of bill of exchange, bailee or licensee",
    "section_desc": "No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "126",
    "section_title": "Competency of husband and wife in civil and criminal proceedings",
    "section_desc": "(1) In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. (2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "127",
    "section_title": "Judges and Magistrates",
    "section_desc": "No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "129",
    "section_title": "Evidence as to affairs of State",
    "section_desc": "No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "130",
    "section_title": "Official communications",
    "section_desc": "No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Witnesses",
    "section": "133",
    "section_title": "Privilege not waived by volunteering evidence",
    "section_desc": "If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate on matters which, but for such question, he would not be at liberty to disclose."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "139",
    "section_title": "Order of production and examination of witnesses",
    "section_desc": "The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "140",
    "section_title": "Judge to decide as to admissibility of evidence",
    "section_desc": "(1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. (2) If the fact proposed to be proved is one of which evidence cannot be given after some other fact has been proved, such last-mentioned fact must be proved before evidence is given of the first-mentioned fact, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "143",
    "section_title": "Cross-examination of person called to produce a document",
    "section_desc": "A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "146",
    "section_title": "Evidence as to matters in writing",
    "section_desc": "Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "149",
    "section_title": "Cross-examination as to previous statements in writing",
    "section_desc": "A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "150",
    "section_title": "Questions lawful in cross-examination",
    "section_desc": "When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend: (1) to test his veracity; (2) to discover who he is and what is his position in life; or (3) to shake his credit, by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him, or might expose or tend directly or indirectly to expose him to a penalty or forfeiture."
  },
  {
    "chapter": "Part III",
    "chapter_title": "Production and Effect of Evidence - Examination of Witnesses",
    "section": "167",
    "section_title": "No new trial for improper admission or rejection of evidence",
    "section_desc": "The improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision."
  }
]