Correspondence Table and Comparison Summary of Bharatiya Sakshya Adhiniyam (BSA) 2023 to Indian Evidence Act (IEA) 1872

The Bharatiya Sakshya Adhiniyam (BSA), 2023, effective from July 1, 2024, replaced the Indian Evidence Act (IEA), 1872. Explore the BSA sections and IEA sections below.

Bharatiya Sakshya Adhiniyam (BSA), 2023, effective from July 1, 2024, replaces the Indian Evidence Act (IEA), 1872.

BSA Sections/
Subsections
Subject  IEA  
   Sections   
Summary of Comparison
1Short title, application and commencement1IEA 1872 explicitly stated it extended to the whole of India except Jammu and Kashmir. BSA 2023 omits the territorial extent clause, implying applicability to the entire country as per the new legislative framework.
2Definitions3IEA 1872 defines terms in paragraphs under Section 3. BSA 2023 organizes definitions under Section 2(1) with alphabetical clauses for each term. BSA excludes the definition of "India" from IEA Section 3.
2(1)(a)"Court"3, para 1No change in definition.
2(1)(b)"Conclusive proof"4, para 3The word "Act" in IEA is replaced by "Adhiniyam" in BSA. The word "means" is added for clarity.
2(1)(c)"Disproved"3, para 8IEA's phrase "A fact is said to be disproved" is replaced by "in relation to a fact, means" in BSA.
2(1)(d)"Document"3, para 5BSA adds "or otherwise recorded", "or any other means", and "includes electronic and digital records" to encompass modern forms of documentation.
2(1)(e)"Evidence"3, para 6BSA includes "statements given electronically" in clause (i) and adds "or digital" in clause (ii) to account for electronic evidence.
2(1)(f)"Fact"3, para 2BSA replaces "man" with "person" in illustrations for gender neutrality. Illustration (e) from IEA, "That a man has a certain reputation, is a fact", is omitted in BSA.
2(1)(g)"Facts in issue"3, para 4No change in definition.
2(1)(h)"May presume"4, para 1No change in definition.
2(1)(i)"Not proved"3, para 9No change in definition.
2(1)(j)"Proved"3, para 7No change in definition.
2(1)(k)"Relevant"3, para 3No change in definition.
2(1)(l)"Shall presume"4, para 2No change in definition.
2(2)Words and expressions-Newly added in BSA. States that undefined terms in BSA, but defined in the Information Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, or Bharatiya Nyaya Sanhita, 2023, shall have the meanings assigned in those laws.
3Evidence may be given of facts in issue and relevant facts5No change in provision.
4Relevancy of facts forming part of same transaction6No change in provision.
5Facts which are occasion, cause or effect of facts in issue or relevant facts7BSA adds "or relevant facts" to the heading for clarity.
6Motive, preparation and previous or subsequent conduct8BSA replaces "vakils" with "advocates", "man" with "person", and "ravished" with "raped" in explanations and illustrations for modern terminology.
7Facts necessary to explain or introduce fact in issue or relevant facts9BSA adds "fact in issue or" to the heading. Replaces "A" with "he" in text for consistency.
8Things said or done by conspirator in reference to common design10No change except in illustrations, where "Government of India" is replaced by "State", and city names are updated: Calcutta to Kolkata, Bombay to Mumbai, Kabul to Singapore.
9When facts not otherwise relevant become relevant11No change except in illustrations, where city names are updated: Calcutta to Chennai, Lahore to Ladakh.
10Facts tending to enable Court to determine amount are relevant in suits for damages12No change except in heading, where "In suits for damages" is moved to the end.
11Facts relevant when right or custom is in question13No change in provision.
12Facts showing existence of state of mind, or of body or bodily feeling14BSA replaces "coin" with "currency" and "carriage" with "cars" in illustrations for contemporary relevance.
13Facts bearing on question whether act was accidental or intentional15BSA replaces "rupee" with "currency" in illustrations.
14Existence of course of business when relevant16No change in provision.
15Admission defined17No change in provision.
16Admission by party to proceeding or his agent18BSA removes paragraph headings, restructuring content into subsections and clauses for clarity.
17Admissions by persons whose position must be proved as against party to suit19No change in provision.
18Admissions by persons expressly referred to by party to suit20No change in provision.
19Proof of admissions against persons making them, and by or on their behalf21BSA replaces "coin" with "currency" in illustrations.
20When oral admissions as to contents of documents are relevant22No change in provision.
21Admissions in civil cases when relevant23BSA replaces "barrister, pleader, attorney or vakil" with "advocate" for modern terminology.
22(1)Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding24BSA adds "coercion" to the provision. IEA Sections 28 and 29 are incorporated as provisos to BSA Section 22, with their headings dropped.
First proviso to section 22Confession made after removal of impression caused by inducement, threat or promise, relevant28Heading is dropped as it is included as a proviso in BSA.
Second proviso to section 22Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.29Heading is dropped as it is included as a proviso in BSA.
23(1)Confession to police officer25BSA excludes "not to be proved" from the heading for clarity.
23(2)Confession by accused while in custody of police not to be proved against him26Heading is dropped as it is included as a subsection. BSA replaces "whilst" with "while" and "such person" with "him".
Proviso to section 23How much of information received from accused may be proved27Heading is dropped as it is included as a proviso in BSA.
24Consideration of proved confession affecting person making it and others jointly under trial for same offence30BSA adds a new Explanation II: "A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be deemed to be a joint trial for the purpose of this section."
25Admissions not conclusive proof, but may estop31No change in provision.
26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant32BSA adds the word "namely" and removes subsection headings. In illustrations, "ravished" is replaced by "raped" and "banya" by "business" for modern terminology.
27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated33No change except in the proviso, where "that" is replaced by "and".
28Entries in books of account when relevant34No change except the words "include those maintained in an electronic form" are removed from the heading.
29Relevancy of entry in public record or an electronic record made in performance of duty35No change in provision.
30Relevancy of statements in maps, charts, and plans36No change in provision.
31Relevancy of statement as to fact of public nature contained in certain Acts or notifications37BSA replaces colonial references (e.g., "Act of Parliament of the United Kingdom", "Crown Representative") with "any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette".
32Relevancy of statements as to any law contained in law books including electronic or digital form38BSA adds "including in electronic or digital form" in both the heading and text to account for digital law resources.
33What evidence to be given when statement forms part of a conversation, document, electronic record, book, or series of letters or papers39No change in provision.
34Previous judgments relevant to bar a second suit or trial40No change in provision.
35Relevancy of certain judgments in probate, etc., jurisdiction41BSA adds "Tribunal" to the provision. The paragraph "Such judgment, order or decree is conclusive proof that" is restructured as subsection (2) with conditions enumerated as (i), (ii), (iii), and (iv). The word "that" is excluded.
36Relevancy and effect of judgments, orders, or decrees, other than those mentioned in section 3542No change in provision.
37Judgments, etc., other than those mentioned in sections 34, 35, and 36 when relevant43No change in provision.
38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved44No change in provision.
39(1)Opinions of experts45BSA adds "or any other field" to expand the scope of expert opinions.
39(2)Opinion of Examiner of Electronic Evidence45AHeading is dropped as it is included as a subsection in BSA.
40Facts bearing upon opinions of experts46No change in provision.
41(1)Opinion as to handwriting and signature, when relevant47BSA adds "and signature" to the heading for clarity.
41(2)Opinion as to electronic signature, when relevant47AHeading is dropped as it is included as a subsection in BSA.
42Opinion as to existence of general custom or right, when relevant48No change in provision.
43Opinion as to usages, tenets, etc., when relevant49BSA numbers paragraphs as clauses (i), (ii), and (iii) for structural clarity.
44Opinion on relationship, when relevant50No change in provision.
45Grounds of opinion, when relevant51No change in provision.
46In civil cases character to prove conduct imputed, irrelevant52No change in provision.
47In criminal cases previous good character relevant53No change in provision.
48Evidence of character or previous sexual experience not relevant in certain cases53ANo change in provision.
49Previous bad character not relevant, except in reply54No change in provision.
50Character as affecting damages55No change in provision.
51Fact judicially noticeable need not be proved56No change in provision.
52Facts of which Court shall take judicial notice57BSA numbers paragraphs as subsections (1) and (2), and enumerates facts as alphabetic clauses (a) to (l), excluding IEA’s paragraphs (2), (3), and (5) to remove colonial references. A new clause (b) is added: "international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies."
53Facts admitted need not be proved58No change in provision.
54Proof of facts by oral evidence59BSA excludes "or electronic records" from the provision.
55Oral evidence to be direct60BSA replaces "must" with "to" in the heading, numbers paragraphs as clauses (i) to (iv), and replaces "also" with "further" in the text.
56Proof of contents of documents61No change in provision.
57Primary evidence62BSA adds four new explanations to clarify the scope of primary evidence.
58Secondary evidence63BSA excludes "means and" and adds three new clauses (vi), (vii), and (viii) to expand the scope of secondary evidence.
59Proof of documents by primary evidence64No change in provision.
60Cases in which secondary evidence relating to documents may be given65BSA adds "namely" and numbers paragraphs of clause (a) as (i), (ii), and (iii) for clarity.
61Electronic or digital record-Newly added in BSA: "Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in evidence on the ground that it is an electronic or digital record, and such record shall, subject to section 63, have the same legal effect, validity, and enforceability as other documents."
62Special provisions as to evidence relating to electronic record65ANo change in provision.
63Admissibility of electronic records65BBSA adds "or semiconductor memory", "or any communication device or otherwise stored, recorded, or copied in any electronic form" in subsection (1). In subsection (2), "communication device" and "create" are added. In subsection (3), "computer" is replaced by "by means of one or more computers or communication devices," with new clauses (a) to (e). In subsection (4), "that is to say" is replaced by "shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:", and additional phrases like "or a communication device" and "and an expert" are included. Clause (b) of IEA’s subsection (5) is excluded.
64Rules as to notice to produce66BSA replaces "attorney or pleader" with "advocate or representative".
65Proof of signature and handwriting of person alleged to have signed or written document produced67No change in provision.
66Proof as to electronic signature67ANo change in provision.
67Proof of execution of document required by law to be attested68No change in provision.
68Proof where no attesting witness found69BSA excludes "or if the document purports to have been executed in the United Kingdom".
69Admission of execution by party to attested document70No change in provision.
70Proof when attesting witness denies execution71No change in provision.
71Proof of document not required by law to be attested72No change in provision.
72Comparison of signature, writing, or seal with others admitted or proved73BSA numbers paragraphs as subsections (1), (2), and (3).
73Proof as to verification of digital signature73ANo change in provision.
74(1)Public and private documents74BSA adds "and private" to the heading and excludes "any part of" and "or of the commonwealth".
74(2)Public and private documents75BSA adds "or Union territory" and "except the documents referred to in sub-section (1)".
75Certified copies of public documents76No change in provision.
76Proof of documents by production of certified copies77No change in provision.
77Proof of other official documents78BSA renumbers conditions from (1) to (6) to (a) to (f). Excludes colonial expressions like "or of the Crown Representative" and "London Gazette". Adds "Ministries and", "or Union territory Administration", and references to "Parliament or a State" and "President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union Territory".
78Presumption as to genuineness of certified copies79BSA excludes "or by any officer in the State of Jammu and Kashmir who is duly authorized by the Central Government" and numbers paragraphs as subsections.
79Presumption as to documents produced as record of evidence, etc.80BSA excludes the word "that" and numbers paragraphs as clauses (i), (ii), and (iii).
80Presumption as to Gazettes, newspapers, and other documents81BSA replaces colonial references like "London Gazette" and "private Act of Parliament of the United Kingdom" with "the Official Gazette". Adds a new explanation regarding proper custody.
81Presumption as to Gazettes in electronic or digital record81ABSA adds a new explanation regarding proper custody of electronic documents, similar to the explanation in Section 80.
82Presumption as to maps or plans made by authority of Government83No change in provision.
83Presumption as to collections of laws and reports of decisions84No change in provision.
84Presumption as to powers-of-attorney85No change in provision.
85Presumption as to electronic agreements85ABSA adds "or digital" to include digital agreements.
86Presumption as to electronic records and electronic signatures85BNo change in provision.
87Presumption as to Electronic Signature Certificates85CNo change in provision.
88Presumption as to certified copies of foreign judicial records86BSA replaces "any country not forming part of India or of Her Majesty’s Dominions" with "beyond India".
89Presumption as to books, maps, and charts87No change in provision.
90Presumption as to electronic messages88ABSA excludes the explanation present in IEA.
91Presumption as to due execution, etc., of documents not produced89No change in provision.
92Presumption as to documents thirty years old90BSA adds a new explanation similar to Section 80 regarding proper custody. In illustrations, "is" is replaced by "shall be".
93Presumption as to electronic records five years old90ABSA adds a new explanation similar to Section 81 regarding proper custody of electronic records.
94Evidence of terms of contracts, grants, and other dispositions of property reduced to form of document91No change in provision.
95Exclusion of evidence of oral agreement92BSA replaces "to the last section" with "section 94". Provisos are written as "Provided that" and "Provided further that" instead of "Proviso 1", "Proviso 2". In illustrations, "Calcutta" and "London" are replaced by "Kolkata" and "Visakhapatnam", "2023" replaces "1978", and amounts like "thirty thousand" replace "500" for contemporaneity.
96Exclusion of evidence to explain or amend ambiguous document93In illustrations, BSA replaces "Rs. 1000" and "Rs. 1500" with "one lakh rupees" and "one lakh fifty thousand rupees" respectively.
97Exclusion of evidence against application of document to existing facts94No change in provision.
98Evidence as to document unmeaning in reference to existing facts95In illustrations, BSA replaces "Calcutta" with "Kolkata".
99Evidence as to application of language which can apply to one only of several persons96In illustrations, BSA replaces "Haidarabad", "Haidarabad in Dekkan", and "Haidarabad in Sindh" with "Ramgarh", "Ramgarh in Rajasthan", and "Ramgarh in Uttarakhand" respectively.
100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies97No change in provision.
101Evidence as to meaning of illegible characters, Juno, etc.98BSA replaces the word "provincial" with "regional" in the provision.
102Who may give evidence of agreement varying terms of document99No change in provision.
103Saving of provisions of Indian Succession Act relating to wills100BSA replaces "the Indian Succession Act, (10 of 1865)" with "the Indian Succession Act, 1925 (39 of 1925)".
104Burden of proof101No change in provision.
105On whom burden of proof lies102No change in provision.
106Burden of proof as to particular fact103No change in provision.
107Burden of proving fact to be proved to make evidence admissible104No change in provision.
108Burden of proving that case of accused comes within exceptions105BSA replaces "the Indian Penal Code (45 of 1860)" with "the Bharatiya Nyaya Sanhita, 2023".
109Burden of proving fact especially within knowledge106No change in provision.
110Burden of proving death of person known to have been alive within thirty years107No change in provision.
111Burden of proving that person is alive who has not been heard of for seven years108BSA excludes "Provided that" from the provision.
112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent109No change in provision.
113Burden of proof as to ownership110No change in provision.
114Proof of good faith in transactions where one party is in relation of active confidence111BSA replaces "attorney" with "advocate".
115Presumption as to certain offences111ABSA replaces IPC sections with corresponding BNS sections.
116Birth during marriage, conclusive proof of legitimacy112BSA replaces "son" with "child" for gender neutrality.
117Presumption as to abetment of suicide by a married woman113ABSA replaces "section 498A of the Indian Penal Code (45 of 1860)" with "section 86 of the Bharatiya Nyaya Sanhita, 2023" in the explanation.
118Presumption as to dowry death113BBSA replaces "section 304B of the Indian Penal Code (45 of 1860)" with "section 80 of the Bharatiya Nyaya Sanhita, 2023" in the explanation.
119Court may presume existence of certain facts114BSA numbers paragraphs as subsections (1) and (2), and illustrations to subsection (2) are numbered from (i) to (x).
120Presumption as to absence of consent in certain prosecution for rape114ABSA replaces IPC sections with corresponding BNS sections.
121Estoppel115No change in provision.
122Estoppel of tenant and of licensee of person in possession116BSA adds "or any time thereafter" to the provision.
123Estoppel of acceptor of bill of exchange, bailee, or licensee117No change in provision.
124Who may testify118BSA replaces "Lunatic" with "A person of unsound mind" for sensitivity.
125Witness unable to communicate verbally119No change in provision.
126Competency of husband and wife as witnesses in certain cases120BSA replaces the heading "Parties to civil suit, and their wives or husbands. Husband or wife of a person under criminal trial" with "Competency of husband and wife as witnesses in certain cases". Paragraphs are numbered as subsections (1) and (2).
127Judges and Magistrates121No change in provision.
128Communications during marriage122No change in provision.
129Evidence as to affairs of State123No change in provision.
130Official communications124No change in provision.
131Information as to commission of offences125No change in provision.
132(1) & (2)Professional communications126BSA replaces "barrister, attorney, pleader or vakil" with "advocate" and "employment" with "service". In subsection (2), adds "referred to in the proviso to sub-section (1)".
132(3)Professional communications to apply to interpreters, etc.127IEA Section 127 is included as subsection (3) in BSA, replacing "or servants of barristers, pleaders, attorneys and vakils" with "or employees of advocates".
133Privilege not waived by volunteering evidence128BSA replaces "barrister, attorney, pleader or vakil" with "advocate".
134Confidential communication with legal advisers129BSA replaces "legal professional adviser" with "legal adviser".
135Production of title-deeds of witness not a party130No change in provision.
136Production of documents or electronic records which another person, having possession, could refuse to produce131No change in provision.
137Witness not excused from answering on ground that answer will criminate132BSA excludes the word "Proviso" from the provision.
138Accomplice133BSA replaces "merely because" with "if".
139Number of witnesses134No change in provision.
140Order of production and examination of witnesses135No change in provision.
141Judge to decide as to admissibility of evidence136BSA numbers paragraphs as subsections (1), (2), and (3).
142Examination of witnesses137BSA numbers paragraphs as subsections (1), (2), and (3), and excludes paragraph headings.
143Order of examinations138BSA numbers paragraphs as subsections (1), (2), and (3), includes "in-chief" in the text, and excludes the paragraph heading "Direction of re-examination".
144Cross-examination of person called to produce a document139No change in provision.
145Witnesses to character140No change in provision.
146(1)Leading questions141IEA Section 141 is included as subsection (1) of BSA Section 146.
146(2) & (3)When leading questions must not be asked142IEA Section 142 is included as subsections (2) and (3) of BSA Section 146.
146(4)When leading questions may be asked143IEA Section 143 is included as subsection (4) of BSA Section 146.
147Evidence as to matters in writing144No change in provision.
148Cross-examination as to previous statements in writing145No change in provision.
149Questions lawful in cross-examination146BSA replaces numbers (1), (2), and (3) with (a), (b), and (c). IPC sections are replaced with corresponding BNS sections.
150When witness to be compelled to answer147No change in provision.
151Court to decide when question shall be asked and when witness compelled to answer148BSA adds the word "namely" in subsection (2) for clarity.
152Question not to be asked without reasonable grounds149In illustrations, BSA replaces "barrister", "an attorney or vakil", "dakait", and "A pleader" with "advocate", "another advocate", "dacoit", and "an advocate" respectively for modern terminology.
153Procedure of Court in case of question being asked without reasonable grounds150BSA replaces "barrister, attorney, pleader or vakil" with "advocate".
154Indecent and scandalous questions151No change in provision.
155Questions intended to insult or annoy152No change in provision.
156Exclusion of evidence to contradict answers to questions testing veracity153BSA replaces "Lahore" and "Calcutta" with "Goa" and "Varanasi" respectively in illustrations.
157Question by party to his own witness154No change in provision.
158Impeaching credit of witness155BSA replaces numbers (1), (2), and (3) with (a), (b), and (c) and replaces "indicted" with "accused".
159Questions tending to corroborate evidence of relevant fact, admissible156No change in provision.
160Former statements of witness may be proved to corroborate later testimony as to same fact157No change in provision.
161What matters may be proved in connection with proved statement relevant under section 26 or 27158No change in provision.
162Refreshing memory159BSA numbers paragraphs as subsections (1) and (2), excludes the sub-heading "When witness may use copy of document to refresh memory" from subsection (2), and adds "Provided that" and "Provided further that" in provisos.
163Testimony to facts stated in document mentioned in section 162160No change in provision.
164Right of adverse party as to writing used to refresh memory161BSA replaces "must" with "shall".
165Production of documents162BSA numbers paragraphs as subsections (1), (2), and (3), adds "Provided that" in the proviso, and includes a new proviso to subsection (3).
166Giving, as evidence, of document called for and produced on notice163No change in provision.
167Using, as evidence, of document production of which was refused on notice164No change in provision.
168Judge’s power to put questions or order production165BSA excludes the words "proper", "please", and "relevant or irrelevant" and replaces "agents" with "representatives".
169Power to remove difficulties-BSA introduces a provision for the Central Government to address implementation issues, not present in IEA.
170Repeal and savings-Newly added in BSA to repeal the IEA 1872 and include savings provisions for actions taken under the repealed Act.

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