BSA Section 2: The key definitions under the BSA, including document, evidence, fact and proved (2026)
The key definitions under Section 2 of the Bharatiya Sakshya Adhiniyam (BSA), including document, evidence, fact, proved, disproved and not proved, how they now cover electronic records, and the mapping to the old Section 3 of the Indian Evidence Act. Last verified October 2026.
Explainer · Evidence Law · BSA
The key words of Indian evidence law are defined in Section 2 of the Bharatiya Sakshya Adhiniyam (BSA), the new evidence law in force since 1 July 2024. Section 2 replaced the interpretation clause in Section 3 of the Indian Evidence Act, 1872. It defines document, evidence, fact, proved, disproved and not proved, and it now expressly includes electronic and digital records. If you still look up "section 3 Evidence Act", this is the provision you now need. This explainer sets out what Section 2 defines, how the definitions changed for the digital age, and how they map to the old law. Last verified October 2026.
- New section: the definitions of Indian evidence law are in Section 2 of the BSA, in force since 1 July 2024.
- Old section: it replaced the interpretation clause in Section 3 of the Indian Evidence Act, 1872.
- Digital reach: document and evidence now expressly include electronic and digital records.
- Standards: proved, disproved and not proved keep the classic prudent person test.
01Why the section number matters now
For more than 150 years, Section 3 of the Indian Evidence Act was the interpretation clause, the place that told you what document, evidence, fact and proved meant. Since 1 July 2024 the Indian Evidence Act is replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and those definitions now sit in Section 2.
This matters because every argument on relevance and admissibility starts from these words. A submission in a matter governed by the BSA cites the definitions in Section 2, not Section 3. The meanings are largely carried over, but the digital additions are important, so you need to read Section 2 with care.
02What Section 2 defines
Section 2 of the BSA is the dictionary of the Act. Its definitions decide how the rest of the law is read. The main terms are:
- Court: includes all Judges and Magistrates and all persons legally authorised to take evidence, but not an arbitrator.
- Document: any matter expressed or described, or otherwise recorded, upon any substance by letters, figures, marks or any other means, including electronic and digital records.
- Evidence: oral evidence (statements, including those given electronically, that the court permits or requires from witnesses) and documentary evidence (documents, including electronic or digital records, produced for the court to inspect).
- Fact: anything capable of being perceived by the senses, and any mental condition of which a person is conscious.
- Proved, disproved and not proved: the standards the court applies to decide whether a fact is established.
Definitions drive the whole Act
Nothing in the BSA can be read without Section 2. Whether an email is a document, or a screen recording is evidence, is answered here first. For how facts become relevant, see Section 9 of the BSA.
03Document and evidence in the digital age
The biggest change in Section 2 is the open recognition of electronic material. The definition of document now covers electronic and digital records, and the illustrations include emails, server logs, messages, websites and voicemails stored on digital devices. So a mobile phone video or a chat message can be a document.
The definition of evidence matches this. Oral evidence now covers statements given electronically, which supports evidence by video conference. Documentary evidence now covers electronic and digital records produced for inspection. The old Act had to be stretched by amendment and case law to cover digital material, while the BSA writes it into the core definitions.
04Proved, disproved and not proved
These three standards are the heart of how a court weighs evidence, and the BSA carries over the classic test.
- Proved: a fact is proved when, after considering the matters before it, the court either believes it exists, or considers its existence so probable that a prudent person ought, in the circumstances, to act on the assumption that it exists.
- Disproved: a fact is disproved when the court either believes it does not exist, or considers its non-existence so probable that a prudent person ought to act on the assumption that it does not exist.
- Not proved: a fact is not proved when it is neither proved nor disproved.
This "prudent person" standard is why Indian courts speak of proof as a practical probability, not absolute certainty. The wording is essentially unchanged from the old Act, so the large body of case law on proof continues to apply.
05Old to new: Evidence Act 3 to BSA 2
Section 3 of the Indian Evidence Act is now Section 2 of the BSA. The classic definitions are carried over, with electronic and digital records added to document and evidence.
| Term | Old law (Evidence Act) | New law (BSA) |
|---|---|---|
| Interpretation clause | Section 3 | Section 2 |
| Document | Section 3 (matter recorded) | Section 2, adds electronic and digital records |
| Evidence | Section 3 (oral and documentary) | Section 2, adds electronic statements and records |
| Proved, disproved, not proved | Section 3 | Section 2, carried over |
So the meanings you already know largely survive. The change that matters is the formal entry of digital material into the definitions of document and evidence.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Arguments on admissibility turn on how these definitions are read, and you often need to see what a court has made of document, evidence or proof in a real case. Claw puts that within reach: more than 30 crore judgments to search, results in under 5 seconds, and the ability to follow a live matter and its hearings by party or advocate name across 9,102 courts, benches and forums. Reported High Court rulings run from 1990 and Supreme Court authority from 1950, so you can trace how the meaning of a term has settled over time.
Claw does not train its AI models on the documents you bring to a matter. Create a free Claw account to look up how courts have construed the definitions in Section 2 and the old Section 3, and to track a live dispute. To search the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BSA, 2023): indiacode.nic.in
- PRS Legislative Research (BSA overview and Evidence Act comparison): prsindia.org
- Section 2, BSA (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 3 of the Evidence Act in the BSA?
Section 3 of the Indian Evidence Act, the interpretation clause, is now Section 2 of the Bharatiya Sakshya Adhiniyam, 2023. It carries over the classic definitions and adds electronic and digital records to document and evidence.
Is an email a document under the BSA?
Yes. The definition of document in Section 2 covers electronic and digital records, and the illustrations include emails, server logs, messages and voicemails stored on digital devices. So an email is a document.
How does Section 2 define proved?
A fact is proved when, after considering the matters before it, the court either believes it exists or considers its existence so probable that a prudent person ought, in the circumstances, to act on the assumption that it exists.
Does the BSA allow electronic evidence by video?
The definition of oral evidence in Section 2 covers statements given electronically, which supports evidence through video conferencing. The detailed rules on electronic records sit in later sections of the BSA.
Did the meaning of these terms change much?
The core meanings of document, evidence, fact and proved are largely carried over, so old case law still applies. The main change is the express inclusion of electronic and digital records in document and evidence.
Can I research how courts read these definitions in Claw?
Yes. Claw lets you search more than 30 crore judgments on the definitions in Section 2 and the old Section 3, by section, party or advocate, with results in under 5 seconds, and track orders and hearings across 9,102 courts, benches and forums. It researches and tracks the matter but does not give legal advice.