Bharatiya Sakshya Adhiniyam (BSA) 2023 for CLAT 2027 — Complete Section-Wise Guide, Electronic Evidence and 25 Practice MCQs

Last Updated: May 2026

Bharatiya Sakshya Adhiniyam BSA 2023 for CLAT 2027 replaces the Indian Evidence Act 1872 as the codified law of evidence in India from 1 July 2024. CLAT 2027 will draw legal-reasoning passages from BSA’s three-part structure (relevancy, proof, production), the new electronic-evidence regime in Sections 61-63, and the modernised confession-and-admission framework in Sections 17-30. This 1500-word guide breaks down every CLAT-relevant section with worked examples and 25 practice MCQs.

Why BSA 2023 Matters for CLAT 2027

Evidence law is the third pillar of the criminal-justice triad alongside BNS (substantive) and BNSS (procedure). CLAT papers from 2018 onwards have featured at least one passage on evidence each year. The 1872 Indian Evidence Act has now been superseded — but BSA 2023 retains roughly 95 percent of the 1872 architecture while modernising the electronic-evidence and presumption sections.

Structure of BSA 2023

BSA contains 170 sections divided into 3 parts and 12 chapters:

• Part I — Relevancy of Facts (Sections 1-50): What facts may be proved.
• Part II — On Proof (Sections 51-93): How facts are proved (oral, documentary, electronic).
• Part III — Production and Effect of Evidence (Sections 94-170): Burden, presumptions, witnesses, examination.

Key Section-Wise Comparison — IEA 1872 vs BSA 2023

Part I — Relevancy of Facts (Sections 3-50)

The cornerstone principle in Section 3: evidence may be given of facts in issue and relevant facts. A fact is relevant if it is connected to a fact in issue in any of the ways specified in Sections 4-50. Key relevancy heads:

• Section 4 — Res Gestae: Facts forming part of the same transaction.
• Section 6 — Motive, preparation, conduct: Highly examinable for CLAT passages.
• Sections 14-20 — Admissions: Relevant against the admitter unless under specified exceptions.
• Sections 22-30 — Confessions: Confession to police inadmissible (Section 23); confession with promise/threat inadmissible (Section 22).
• Section 26 — Statements by persons who cannot be called: Includes dying declaration (Section 26(a)) and statements made in course of business (Section 26(b)).

Part II — Proof (Sections 51-93)

Three main categories of evidence: oral (Sections 54-56), documentary (Sections 57-94), and electronic (Sections 61-63 within documentary).

Documentary Evidence — Primary vs Secondary

Primary (Section 57): The document itself. For electronic records, the contents stored in any computer or device.

Secondary (Section 58): Certified copies, copies made from original by mechanical processes, copies compared with original, oral accounts of contents by a person who saw the original.

Electronic Records — Sections 61-63

Section 61 declares that electronic or digital records are admissible. Section 62 deals with proof of electronic records. Section 63 (the most-tested section) requires a certificate authenticating any electronic record produced from a computer-output. The certificate must:

• Identify the electronic record and describe how it was produced;
• State the manner of production;
• Be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Without the Section 63(4) certificate, the electronic record is generally inadmissible — confirmed in Anvar P.V. v. P.K. Basheer (2014) under the old Section 65B and reaffirmed for BSA in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020).

Part III — Production and Effect (Sections 94-170)

Burden of Proof — Sections 104-119

Section 104 — burden lies on the party who would fail if no evidence were given on either side. Section 105 — burden of proving exception on the accused. Section 117 — presumption of legitimacy of child born in lawful wedlock. Section 119 — presumption of consent in dowry-death cases.

Presumptions — Sections 76-94

Three types: “shall presume” (rebuttable, mandatory), “may presume” (rebuttable, optional), “conclusive proof” (irrebuttable). BSA introduces presumption on electronic records under Section 81A — electronic records 5+ years old in proper custody are presumed genuine.

Landmark Cases You Must Know

• Anvar P.V. v. P.K. Basheer (2014): Section 65B (now BSA 63(4)) certificate is mandatory.
• Arjun Panditrao Khotkar (2020): Reaffirmed mandatory certificate; carved out narrow exceptions where original device produced.
• Pakala Narayana Swami v. Emperor (1939): Confession defined; mere admission of fact is not confession.
• Aghnoo Nagesia v. State of Bihar (1966): Confession to police inadmissible even if accompanied by admissible portions.
• Khushal Rao v. State of Bombay (1958): Dying declaration alone can sustain conviction if found truthful.

Practice MCQ Set

25 CLAT-style passage-based MCQs are integrated below in the

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FAQ

Q1. Is the Indian Evidence Act 1872 still in force?
No. It was repealed and replaced by the Bharatiya Sakshya Adhiniyam 2023, which came into force on 1 July 2024. Cases initiated before that date continue under IEA.

Q2. What is the most important section of BSA for CLAT 2027?
Section 63 (electronic-records certificate) is the most heavily examinable. Sections 14-30 (admissions and confessions) and Section 104 (burden of proof) are the next priorities.

Q3. Did the law on dying declarations change in BSA?
The provision moved from Section 32(1) IEA to Section 26(a) BSA. Substantive law and the Khushal Rao test are unchanged.

Q4. Are screenshots and WhatsApp messages admissible in court?
Yes, as electronic records under BSA Section 61, but only with the Section 63(4) certificate authenticating the device, custody, and production process.

Q5. What is the difference between admission and confession?
Admission is any statement suggesting an inference about a fact in issue. Confession is a narrower category — an admission of guilt by the accused. All confessions are admissions; not all admissions are confessions.

Build your full prep stack with our IPC vs BNS comparison, IPC-to-BNS transition, and CLAT 2027 syllabus. For evidence-law drilling, see our Legal Reasoning archive.

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