Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Bharatiya Sakshya Adhiniyam 2023: Key Definitions Explained

Updated 11 October 2026 · Fact-checked

The Bharatiya Sakshya Adhiniyam, 2023 is the law on evidence in Indian courts. Section 2 defines key terms: evidence, document, fact, fact in issue, relevant, proved, disproved, not proved, may presume, shall presume and conclusive proof. To answer questions, state the definition, apply it to the facts, then conclude.

Understand Introduction and Key Definitions under BSA 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down what a court may accept as proof and how a fact is proved. It applies to all judicial proceedings in or before any Court, including Courts-martial. It does not apply to affidavits presented to any Court or officer, or to proceedings before an arbitrator. It came into force on 1 July 2024 (Section 1).

Start with the building blocks. A fact is anything capable of being perceived by the senses, or any mental condition of which a person is conscious. That a person heard something, or has a certain intention, is a fact. Facts in issue are the facts from which the existence, non-existence, nature or extent of a right, liability or disability, asserted or denied in a suit or proceeding, necessarily follows. When a civil court records an issue of fact, the fact asserted or denied in the answer is a fact in issue. A fact is relevant when it is connected with another in any way the Adhiniyam recognises under its relevancy provisions.

Evidence means and includes two things. First, statements, including statements given electronically, which the Court permits or requires witnesses to make before it about matters of fact under inquiry. These are oral evidence. Second, all documents, including electronic or digital records, produced for the Court's inspection. These are documentary evidence. A document is any matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended to be or capable of being used to record that matter. It expressly includes electronic and digital records, such as emails, server logs, messages, websites, locational evidence and voice mail stored on digital devices.

Next, the three standards of proof. A fact is proved when the Court believes it exists, or considers its existence so probable that a prudent man ought to act on the supposition that it exists. It is disproved when the Court believes it does not exist, or considers its non-existence so probable that a prudent man would act on that supposition. It is not proved when it is neither proved nor disproved.

Finally, the three kinds of presumption. Where the Court may presume a fact, it can regard the fact as proved unless and until disproved, or it can call for proof. Where it shall presume, it must regard the fact as proved unless and until disproved. With conclusive proof, once one fact is proved the Court must regard the other as proved and cannot allow evidence to disprove it. A example is Section 116: birth during a valid marriage, or within 280 days after its dissolution with the mother unmarried, is conclusive proof of legitimacy, unless the parties had no access to each other at any time when the child could have been begotten.

Key rules to remember

Fact (Section 2(1)(f)): Fact = anything perceivable by the senses + any mental condition of which a person is conscious; Includes intention, opinion, good or bad faith, and that someone said certain words.
Evidence (Section 2(1)(e)): Evidence = oral evidence (statements before the Court) + documentary evidence (documents produced for inspection); Both include electronic forms: statements given electronically and electronic or digital records.
Proved: Proved = Court believes the fact exists, or finds its existence so probable that a prudent man would act on it; Disproved is the mirror image for non-existence.
Not proved: Not proved = neither proved nor disproved; It is a separate third state, not the same as disproved.
May presume: May presume = Court may treat the fact as proved until disproved, or may call for proof; Discretionary.
Shall presume: Shall presume = Court must treat the fact as proved until disproved; Mandatory, but rebuttable by evidence.
Conclusive proof: Conclusive proof = on proof of one fact, Court regards the other as proved and allows no evidence to disprove it; Not rebuttable. Example: Section 116 legitimacy, subject to its own no-access condition.
Application (Section 1): Applies to all judicial proceedings in or before any Court, including Courts-martial; not to affidavits or arbitrator proceedings; In force from 1 July 2024.

How to solve Introduction and Key Definitions under BSA 2023 questions

Use this method for definition questions, short notes and problem questions on this topic.

1Identify the term the question tests: fact, fact in issue, relevant fact, evidence, document, proved, disproved, not proved or a type of presumption.
2State the definition in close-to-statutory words and cite Section 2(1) with the correct clause where you are sure of it.
3Break the definition into its parts, for example evidence into oral and documentary, or proved into belief or prudent-man probability.
4Apply it to the facts given. Name the exact fact in issue, relevant fact or presumption in the scenario.
5Contrast it with the nearest similar term if the question asks for difference, such as may presume against shall presume.
6Close with a one-line conclusion that answers the question asked.

Quickest way: Three-column memory grid for presumptions and proof

When to use it: When you have under five minutes for a short note or a difference question.

Write the three presumption terms in a row: may presume, shall presume, conclusive proof.
Under each, write one word for Court's power: discretion, duty, bar.
Add whether evidence to disprove is allowed: yes, yes, no.
Add one example line, using Section 116 for conclusive proof.
For proof, write proved, disproved, not proved and the prudent-man test once.

Common mistakes in Introduction and Key Definitions under BSA 2023

Saying that 'shall presume' means the fact cannot be disproved.
Students confuse 'shall' with finality.
Fix: Remember the statutory words: regarded as proved 'unless and until it is disproved'. Only conclusive proof bars disproving evidence.
Treating 'not proved' and 'disproved' as the same.
Both mean the party failed to establish the fact.
Fix: Disproved needs belief in non-existence or a prudent-man view that it does not exist. Not proved is the middle state where the fact is neither proved nor disproved.
Leaving electronic records out of the definitions of document and evidence.
Older notes follow the earlier law.
Fix: Always add that document includes electronic and digital records, and evidence includes statements given electronically.
Confusing fact in issue with relevant fact.
Both are facts the Court looks at.
Fix: A fact in issue is the one from which the right or liability necessarily follows. A relevant fact is connected with another as the Adhiniyam provides, so it helps prove or explain it.
Stating that the Adhiniyam applies to affidavits and arbitration.
Students assume it covers every dispute process.
Fix: Quote Section 1(2): it excludes affidavits presented to any Court or officer and proceedings before an arbitrator.
Citing the Indian Evidence Act, 1872 as the current law.
Habit from older books.
Fix: Use the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024, and mention the old Act only in contrast.

Worked examples

Example 1

Distinguish between 'may presume', 'shall presume' and 'conclusive proof' under the Bharatiya Sakshya Adhiniyam, 2023.

Show the solution

Source: all three are defined in Section 2(1) of the Adhiniyam.
May presume: the Court may regard the fact as proved unless and until it is disproved, or it may call for proof of it. The Court has a choice.
Shall presume: the Court must regard the fact as proved unless and until it is disproved. The Court has no choice, but the other side may lead evidence to rebut it.
Conclusive proof: when one fact is declared conclusive proof of another, the Court must regard the other as proved on proof of the one, and cannot allow evidence to disprove it.
Illustration: under Section 116, birth during a valid marriage is conclusive proof of legitimacy, unless it is shown that the parties had no access to each other when the child could have been begotten.

Answer: May presume is discretionary and rebuttable. Shall presume is mandatory but rebuttable. Conclusive proof is mandatory and cannot be rebutted by evidence.

Example 2

A is accused of murdering B. The prosecution wants to prove that A absconded soon after the incident. A says he left because he had sudden and urgent business elsewhere. Using the definitions of fact, fact in issue and relevant fact, explain how the Court should classify these facts.

Show the solution

Fact in issue: whether A caused B's death is a fact from which A's criminal liability necessarily follows (Section 2(1)(g)). Whether A intended the death is also a fact in issue.
Fact: that A left home suddenly is something perceivable by the senses, so it is a fact under Section 2(1)(f).
Relevant fact: A's absconding soon after the crime is connected with the facts in issue as conduct subsequent to and affected by them. It is relevant as the Adhiniyam recognises (Section 6 as referred to in Section 7 illustration (c)).
Explanatory fact: A's sudden and urgent business explains why he left, so it is relevant under Section 7 to the extent necessary for that purpose. The details of the business are not relevant beyond showing it was sudden and urgent.
Standard of proof: the Court will treat each fact as proved only if it believes it exists or finds it so probable that a prudent man would act on it.

Answer: Whether A caused B's death is a fact in issue. A's absconding is a relevant fact. His sudden urgent business is relevant only as explaining that conduct, and its details are not relevant.

Exam tips

Learn the Section 2(1) definitions almost word for word. Examiners reward accurate statutory language.
Always mention electronic and digital records when defining document and evidence.
In difference questions, give the Court's power, whether rebuttal is allowed, and one illustration.
Use the Bharatiya Sakshya Adhiniyam, 2023 throughout, with the 1 July 2024 commencement if the question asks about application.
In problem questions, label each fact as fact in issue, relevant fact or explanatory fact, then conclude.

Practice questions from Law relating to Evidence

Introduction and Key Definitions under BSA 2023 in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalForensic Audit and the Bharatiya Sakshya Adhiniyam, 2023

Introduction and Key Definitions under BSA 2023: frequently asked questions

What is the difference between a fact in issue and a relevant fact?

A fact in issue is a fact from which the existence or extent of a right, liability or disability asserted or denied in the proceeding necessarily follows. A relevant fact is connected with another fact in a way the Adhiniyam recognises, so it helps prove or explain it. Facts in issue are what the case is about, relevant facts help decide them.

Does the Bharatiya Sakshya Adhiniyam, 2023 cover electronic records?

Yes. The definition of document includes electronic and digital records such as emails, server logs, messages and locational evidence. The definition of evidence includes statements given electronically and electronic or digital records produced for the Court's inspection.

Can a conclusive proof be challenged in court?

No evidence can be given to disprove a fact declared conclusive proof. But the rule's own conditions still apply. For example, Section 116 on legitimacy does not operate if it is shown that the parties had no access to each other at any time when the child could have been begotten.

Does the Adhiniyam apply to arbitration?

No. Section 1(2) says 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.