• FastrackGovind
• Criminal Law
• August 15, 2026

Bharatiya Sakshya Adhiniyam, 2023: Evidence Law in India

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is India’s current general law of evidence. It came into force on 1 July 2024 and reorganises the rules governing relevancy, admissions, confessions, oral and documentary evidence, electronic records, presumptions, burden of proof, witnesses and examination of witnesses.

For current criminal and civil litigation, lawyers and litigants should identify the corresponding BSA provision rather than relying only on section numbers from the repealed Indian Evidence Act, 1872. Earlier case law may remain relevant to principles carried forward in substantially similar language, but the applicable statutory framework must be checked against the BSA.

This guide explains the main structure of the BSA, primary and secondary evidence, electronic/digital records, Section 63 certificates, admissions and confessions, public documents, presumptions, burden of proof and practical evidence preservation.

When Did the Bharatiya Sakshya Adhiniyam Come Into Force?

The BSA was enacted in December 2023 and came into force on 1 July 2024. Its long title describes it as a law consolidating and providing the general rules and principles of evidence for fair trial.

The official statute is available on India Code — Bharatiya Sakshya Adhiniyam, 2023.

Structure of the BSA

The Act is organised broadly around:

• Relevancy of facts — what facts the court may consider.
• Admissions and confessions.
• Statements by persons who cannot be called as witnesses.
• Judgments, opinions and character evidence.
• Facts that need not be proved.
• Oral evidence.
• Documentary evidence.
• Electronic and digital records.
• Burden of proof and presumptions.
• Estoppel.
• Witnesses and examination of witnesses.

Relevant Facts and Facts in Issue

Section 3 provides the basic rule that evidence may be given of facts in issue and relevant facts. The following sections identify circumstances in which connected facts become relevant, including facts forming part of the same transaction, motive, preparation, previous or subsequent conduct, explanatory facts and common design.

The practical point is important: a trial is not decided merely by placing every available fact before the court. The first evidence question is whether the fact is legally relevant to an issue the court must decide.

Admissions Under the BSA

Admissions begin at Section 15. The Act deals with admissions by parties and agents, admissions by persons whose position must be proved, use of admissions against the maker and circumstances in which civil-case admissions are relevant.

An admission can be extremely important but is not automatically conclusive proof. The BSA separately recognises that an admission may operate as estoppel in an appropriate case.

Confessions in Criminal Cases

Sections 22 to 24 contain important rules concerning confessions. The statute addresses confessions affected by inducement, threat, coercion or promise and confessions involving police officers.

A confession should never be assessed merely from the label applied by the investigating agency. The court must examine who made the statement, to whom it was made, the circumstances in which it was obtained and the specific statutory rule governing admissibility.

Statements of Persons Who Are Dead or Cannot Be Found

Section 26 governs specified situations where a statement of a relevant fact made by a person who is dead, cannot be found, has become incapable of giving evidence, or whose attendance cannot be procured without legally recognised difficulty may become relevant.

This category can include issues commonly associated with dying declarations and other statutory exceptions to the ordinary requirement of live testimony. The precise clause and factual foundation should always be identified.

Oral Evidence Must Be Direct

Sections 54 and 55 govern oral evidence. The BSA retains the principle that oral evidence should be direct. A witness ordinarily proves what the witness personally saw, heard or otherwise perceived, subject to the statutory exceptions.

In cross-examination, distinguishing first-hand perception from repetition, assumption and inference remains a core evidentiary exercise.

What Is Primary Evidence Under Section 57?

Section 57 BSA deals with primary evidence. As a general litigation principle, the original document or legally recognised original form remains central when documentary contents are to be proved, subject to the detailed statutory rules.

When preparing a case file, preserve original agreements, notices, receipts, letters, wills, title documents, medical documents, bank instruments and other originals wherever they exist.

What Is Secondary Evidence Under Section 58?

Section 58 contains an expanded statutory list of secondary evidence. It includes, among other things:

• certified copies;
• mechanically produced copies that ensure accuracy;
• copies made from or compared with originals;
• counterparts against non-executing parties;
• oral accounts by a person who has seen the document;
• oral admissions;
• written admissions; and
• evidence from a skilled person who has examined voluminous documents that cannot conveniently be examined in court.

Secondary evidence is not simply “any photocopy.” The party relying upon it must still satisfy the statutory foundation for the relevant category and, where necessary, the circumstances permitting secondary evidence.

When Can Secondary Evidence Be Given?

Sections 59 and 60 deal with proof by primary evidence and the circumstances in which secondary evidence may be given. Before relying on a copy, identify:

• what the original document is;
• who had custody or control of it;
• why the original is unavailable;
• what form of secondary evidence is being tendered; and
• which statutory condition permits that form of proof.

Electronic and Digital Records Under the BSA

One of the most important practical features of the BSA is its express treatment of electronic and digital records.

Section 61 provides that an electronic or digital record cannot be denied admissibility merely because it is electronic or digital. Subject to Section 63, such a record has the same legal effect, validity and enforceability as another document.

This can cover evidence such as:

• WhatsApp and other messaging records;
• emails;
• CCTV footage;
• call and device records;
• digital photographs and videos;
• social-media content;
• online transaction records;
• server or platform records;
• computer-generated statements; and
• other information stored or produced electronically.

Section 63 BSA: Admissibility of Electronic Records

Section 63 sets the statutory conditions for admissibility of specified computer output and electronic records. The provision addresses regular use of the computer or communication device, storage/processing of information and the reliability framework for the output.

Section 63(4) also requires a certificate when a statement is sought to be given in evidence under the section. The certificate must identify the electronic record, describe how it was produced and give appropriate device particulars and statutory particulars.

The official provision can be checked at India Code — Section 63 BSA.

Practical Preservation of Electronic Evidence

Electronic evidence should be preserved before litigation changes the device, account or platform state. Useful steps may include:

• preserving the original phone, computer or storage medium where proportionate;
• exporting chats rather than relying only on screenshots;
• preserving metadata and file properties;
• saving email with complete headers where relevant;
• preserving cloud/server source information;
• recording who extracted the data and when;
• avoiding editing, cropping or overwriting original files;
• obtaining platform or service-provider records where necessary;
• maintaining a clear chain of custody in serious criminal or forensic matters; and
• preparing the appropriate Section 63 certificate where the statutory route requires it.

Electronic Conversations Should Not Be Quoted Out of Context

Section 33 recognises an important completeness principle. Where an evidentiary statement forms part of a longer conversation, document, electronic record, book or connected series of communications, so much of the surrounding material as the court considers necessary to understand the nature and effect of the statement should be proved.

This is particularly relevant when one isolated WhatsApp message, email sentence or audio excerpt is relied upon without the surrounding conversation.

Public and Private Documents

Section 74 distinguishes public and private documents. Sections 75 onward deal with certified copies and proof of public documents.

In litigation involving government records, judicial orders, land records, corporate/public filings or official registers, use the correct certified-copy or statutory proof mechanism instead of assuming an internet printout proves the contents.

Presumptions Relating to Electronic Records

The BSA includes specific presumptions concerning electronic material, including:

• electronic agreements;
• electronic records and electronic signatures;
• electronic signature certificates;
• electronic messages; and
• electronic records of specified age.

A presumption changes the evidentiary starting point; it does not mean that every digital assertion becomes unquestionable. Read the exact statutory conditions before relying on a presumption.

Burden of Proof Under the BSA

The burden-of-proof chapter begins at Section 104.

Core provisions include:

• Section 104: Burden of proof.
• Section 105: On whom the burden lies.
• Section 106: Burden as to a particular fact.
• Section 107: Facts required to make evidence admissible.
• Section 108: Burden where an accused relies on statutory exceptions.
• Section 109: Facts especially within a person’s knowledge.

In criminal trials, the prosecution’s burden and the standard required for conviction remain fundamental. Statutory presumptions and specific defence burdens must be distinguished from the prosecution’s obligation to prove the offence.

Expert Opinion

Section 39 governs expert opinions. Expert evidence may become relevant in areas such as:

• forensic science;
• handwriting/signature examination;
• digital forensics;
• medical opinion;
• financial/accounting analysis;
• DNA and biological evidence; and
• technical or scientific disputes.

An expert opinion is evidence to be evaluated; the court may examine the expert’s methodology, underlying data, qualifications and reasoning rather than accepting a conclusion merely because it carries an expert label.

Admissions vs Confessions

An admission is a broader evidentiary concept. A confession is a statement in the criminal context acknowledging guilt or substantially incriminating the maker, subject to strict statutory rules.

Do not treat every admission against interest as a legally admissible confession. The BSA separately structures these categories and places restrictions on confessions, especially in the police context.

Evidence in Criminal Cases Under BNS and BNSS

The BSA works alongside the substantive offence provisions in the BNS and the procedural framework in the BNSS. For example:

• the BNS identifies the ingredients of the offence;
• the BNSS governs investigation, police reports, process, bail and trial procedure; and
• the BSA determines relevance and proof of the evidence used to establish or challenge those ingredients.

For a current procedural overview after investigation, see our BNSS charge-sheet guide. For current cheating allegations, see Section 318 BNS cheating.

Evidence in Matrimonial and Domestic Violence Cases

The same evidentiary principles can become important in divorce, maintenance, cruelty and domestic-violence litigation, particularly for chats, recordings, bank transfers, medical evidence and financial disclosure.

See our guide on evidence in divorce cases and the current BNS Sections 85–86 cruelty guide.

Common Evidence Mistakes

• Submitting screenshots without preserving the underlying device/data.
• Failing to identify the statutory route for electronic-record admissibility.
• Relying on a photocopy without establishing grounds for secondary evidence.
• Producing only a selective part of a conversation.
• Ignoring authorship, signature or execution disputes.
• Failing to preserve originals.
• Assuming a public internet record is automatically a certified public document.
• Confusing relevance with admissibility and admissibility with evidentiary weight.
• Failing to establish chain of custody for forensic material.
• Using old Evidence Act section numbers without checking the current BSA provision.

Frequently Asked Questions

What replaced the Indian Evidence Act, 1872?

The Bharatiya Sakshya Adhiniyam, 2023 is the current central evidence statute and came into force on 1 July 2024.

Are electronic records admissible under the BSA?

Yes. Section 61 expressly protects electronic or digital records from being rejected merely because they are electronic, subject to the statutory admissibility framework including Section 63.

What is the electronic evidence certificate provision?

Section 63 contains the current statutory framework for admissibility of specified electronic records and includes certificate requirements in sub-section (4).

What is secondary evidence under the BSA?

Section 58 lists recognised categories, including certified copies, certain mechanically produced copies, copies compared with originals, specified oral and written admissions, and other listed forms. The conditions allowing secondary evidence must also be satisfied.

Where is burden of proof dealt with?

The burden-of-proof chapter begins at Section 104 and includes rules on the general burden, particular facts, statutory exceptions and facts especially within knowledge.

Can a single screenshot prove a WhatsApp conversation?

It may be relevant evidence, but admissibility, completeness, authenticity and weight depend on the statutory electronic-evidence requirements and the surrounding facts. Preserving the underlying record and appropriate certificate/proof is safer than relying on an isolated screenshot.

Primary Legal Source

Bharatiya Sakshya Adhiniyam, 2023 — India Code

Disclaimer

This article is for legal education and general information. It is not case-specific legal advice. Evidence questions are highly fact-sensitive and may depend on the proceeding, source record, device, method of production, statutory presumption, objection raised and stage at which the material is tendered.