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Evidence Act to BSA: section converter

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. This table maps commonly cited Evidence Act sections to their BSA counterparts. The correspondence is indicative and not always one-to-one: always read the new text itself.

Evidence ActSubjectBSANote
Evidence Act 3Interpretation clause (definitions of Court, fact, relevant, facts in issue, document, evidence, proved, disproved, not proved)BSA 2 DefinitionsBSA 2 also absorbs the IEA 4 definitions (may presume, shall presume, conclusive proof) and expands 'document' and 'evidence' to cover electronic and digital records.
Evidence Act 5Evidence may be given of facts in issue and relevant factsBSA 3 Evidence may be given of facts in issue and relevant facts
Evidence Act 6Relevancy of facts forming part of same transaction (res gestae)BSA 4 Relevancy of facts forming part of same transaction
Evidence Act 7Facts which are the occasion, cause or effect of facts in issueBSA 5 Facts which are occasion, cause or effect of facts in issue or relevant facts
Evidence Act 8Motive, preparation and previous or subsequent conductBSA 6 Motive, preparation and previous or subsequent conduct
Evidence Act 9Facts necessary to explain or introduce relevant factsBSA 7 Facts necessary to explain or introduce fact in issue or relevant facts
Evidence Act 10Things said or done by conspirator in reference to common designBSA 8 Things said or done by conspirator in reference to common design
Evidence Act 11When facts not otherwise relevant become relevantBSA 9 When facts not otherwise relevant become relevant
Evidence Act 14Facts showing existence of state of mind, or of body or bodily feelingBSA 12 Facts showing existence of state of mind, or of body or bodily feeling
Evidence Act 15Facts bearing on question whether act was accidental or intentionalBSA 13 Facts bearing on question whether act was accidental or intentional
Evidence Act 17Admission definedBSA 15 Admission defined
Evidence Act 18Admission by party to proceeding or his agentBSA 16 Admission by party to proceeding or his agent
Evidence Act 21Proof of admissions against persons making them, and by or on their behalfBSA 19 Proof of admissions against persons making them, and by or on their behalf
Evidence Act 23Admissions in civil cases when relevantBSA 21 Admissions in civil cases when relevant
Evidence Act 24Confession caused by inducement, threat or promise, when irrelevant in criminal proceedingBSA 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceedingBSA 22 adds 'coercion' and merges IEA 28 and 29 as its two provisos.
Evidence Act 25Confession to police officer not to be provedBSA 23(1) Confession to police officerIEA 25, 26 and 27 are merged into BSA 23.
Evidence Act 26Confession by accused while in custody of police not to be proved against himBSA 23(2) Confession to police officerIEA 25, 26 and 27 are merged into BSA 23.
Evidence Act 27How much of information received from accused may be proved (discovery statement)BSA 23(2) Confession to police officerNow the proviso to BSA 23(2).
Evidence Act 28Confession made after removal of impression caused by inducement, threat or promise, relevantBSA 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceedingNow the first proviso to BSA 22.
Evidence Act 30Consideration of proved confession affecting person making it and others jointly under trial for same offenceBSA 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence
Evidence Act 31Admissions not conclusive proof, but may estopBSA 25 Admissions not conclusive proof, but may estop
Evidence Act 32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant (including dying declaration)BSA 26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Evidence Act 33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein statedBSA 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
Evidence Act 34Entries in books of account when relevantBSA 28 Entries in books of account when relevant
Evidence Act 35Relevancy of entry in public record or an electronic record made in performance of dutyBSA 29 Relevancy of entry in public record or an electronic record made in performance of duty
Evidence Act 40Previous judgments relevant to bar a second suit or trialBSA 34 Previous judgments relevant to bar a second suit or trial
Evidence Act 41Relevancy of certain judgments in probate, etc., jurisdictionBSA 35 Relevancy of certain judgments in probate, etc., jurisdiction
Evidence Act 43Judgments, etc., other than those mentioned in sections 40 to 42, when relevantBSA 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
Evidence Act 45Opinions of expertsBSA 39(1) Opinions of expertsBSA 39(1) extends expert fields to 'any other field'.
Evidence Act 45AOpinion of Examiner of Electronic EvidenceBSA 39(2) Opinions of expertsMerged into BSA 39 as sub-section (2).
Evidence Act 46Facts bearing upon opinions of expertsBSA 40 Facts bearing upon opinions of experts
Evidence Act 47Opinion as to handwriting, when relevantBSA 41(1) Opinion as to handwriting and signature, when relevant
Evidence Act 47AOpinion as to electronic signature, when relevantBSA 41(2) Opinion as to handwriting and signature, when relevantMerged into BSA 41 as sub-section (2).
Evidence Act 53AEvidence of character or previous sexual experience not relevant in certain casesBSA 48 Evidence of character or previous sexual experience not relevant in certain cases
Evidence Act 54Previous bad character not relevant, except in replyBSA 49 Previous bad character not relevant, except in reply
Evidence Act 56Fact judicially noticeable need not be provedBSA 51 Fact judicially noticeable need not be proved
Evidence Act 57Facts of which Court must take judicial noticeBSA 52 Facts of which Court shall take judicial notice
Evidence Act 58Facts admitted need not be provedBSA 53 Facts admitted need not be proved
Evidence Act 59Proof of facts by oral evidenceBSA 54 Proof of facts by oral evidence
Evidence Act 60Oral evidence must be directBSA 55 Oral evidence to be direct
Evidence Act 61Proof of contents of documentsBSA 56 Proof of contents of documents
Evidence Act 62Primary evidenceBSA 57 Primary evidenceBSA 57 adds Explanations treating electronic and digital records (including those stored in multiple places or in sequence) as primary evidence.
Evidence Act 63Secondary evidenceBSA 58 Secondary evidenceBSA 58 adds oral and written admissions and evidence of a person skilled in examining voluminous documents.
Evidence Act 64Proof of documents by primary evidenceBSA 59 Proof of documents by primary evidence
Evidence Act 65Cases in which secondary evidence relating to documents may be givenBSA 60 Cases in which secondary evidence relating to documents may be given
Evidence Act 65ASpecial provisions as to evidence relating to electronic recordBSA 62 Special provisions as to evidence relating to electronic record
Evidence Act 65BAdmissibility of electronic recordsBSA 63 Admissibility of electronic recordsBSA 63 requires the certificate in the form in the Schedule, signed by the person in charge and an expert.
Evidence Act 67Proof of signature and handwriting of person alleged to have signed or written document producedBSA 65 Proof of signature and handwriting of person alleged to have signed or written document produced
Evidence Act 67AProof as to electronic signatureBSA 66 Proof as to electronic signature
Evidence Act 68Proof of execution of document required by law to be attestedBSA 67 Proof of execution of document required by law to be attested
Evidence Act 73Comparison of signature, writing or seal with others admitted or provedBSA 72 Comparison of signature, writing or seal with others admitted or proved
Evidence Act 73AProof as to verification of digital signatureBSA 73 Proof as to verification of digital signature
Evidence Act 74Public documentsBSA 74(1) Public and private documentsIEA 74 and 75 are merged into BSA 74.
Evidence Act 75Private documentsBSA 74(2) Public and private documentsIEA 74 and 75 are merged into BSA 74.
Evidence Act 76Certified copies of public documentsBSA 75 Certified copies of public documents
Evidence Act 77Proof of documents by production of certified copiesBSA 76 Proof of documents by production of certified copies
Evidence Act 79Presumption as to genuineness of certified copiesBSA 78 Presumption as to genuineness of certified copies
Evidence Act 85BPresumption as to electronic records and electronic signaturesBSA 86 Presumption as to electronic records and electronic signatures
Evidence Act 88APresumption as to electronic messagesBSA 90 Presumption as to electronic messages
Evidence Act 90Presumption as to documents thirty years oldBSA 92 Presumption as to documents thirty years old
Evidence Act 90APresumption as to electronic records five years oldBSA 93 Presumption as to electronic records five years old
Evidence Act 91Evidence of terms of contracts, grants and other dispositions of property reduced to form of documentBSA 94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Evidence Act 92Exclusion of evidence of oral agreementBSA 95 Exclusion of evidence of oral agreement
Evidence Act 101Burden of proofBSA 104 Burden of proof
Evidence Act 102On whom burden of proof liesBSA 105 On whom burden of proof lies
Evidence Act 103Burden of proof as to particular factBSA 106 Burden of proof as to particular fact
Evidence Act 104Burden of proving fact to be proved to make evidence admissibleBSA 107 Burden of proving fact to be proved to make evidence admissible
Evidence Act 105Burden of proving that case of accused comes within exceptionsBSA 108 Burden of proving that case of accused comes within exceptions
Evidence Act 106Burden of proving fact especially within knowledgeBSA 109 Burden of proving fact especially within knowledge
Evidence Act 107Burden of proving death of person known to have been alive within thirty yearsBSA 110 Burden of proving death of person known to have been alive within thirty years
Evidence Act 108Burden of proving that person is alive who has not been heard of for seven yearsBSA 111 Burden of proving that person is alive who has not been heard of for seven years
Evidence Act 110Burden of proof as to ownershipBSA 113 Burden of proof as to ownership
Evidence Act 111APresumption as to certain offencesBSA 115 Presumption as to certain offences
Evidence Act 112Birth during marriage, conclusive proof of legitimacyBSA 116 Birth during marriage, conclusive proof of legitimacy
Evidence Act 113Proof of cession of territoryNo equivalentNot carried over into BSA.
Evidence Act 113APresumption as to abetment of suicide by a married womanBSA 117 Presumption as to abetment of suicide by a married woman
Evidence Act 113BPresumption as to dowry deathBSA 118 Presumption as to dowry death
Evidence Act 114Court may presume existence of certain factsBSA 119 Court may presume existence of certain facts
Evidence Act 114APresumption as to absence of consent in certain prosecutions for rapeBSA 120 Presumption as to absence of consent in certain prosecution for rape
Evidence Act 115EstoppelBSA 121 Estoppel
Evidence Act 116Estoppel of tenant and of licensee of person in possessionBSA 122 Estoppel of tenant and of licensee of person in possession
Evidence Act 118Who may testifyBSA 124 Who may testify
Evidence Act 119Witness unable to communicate verballyBSA 125 Witness unable to communicate verbally
Evidence Act 120Parties to civil suit, and their wives or husbands; husband or wife of person under criminal trialBSA 126 Competency of husband and wife as witnesses in certain cases
Evidence Act 121Judges and MagistratesBSA 127 Judges and Magistrates
Evidence Act 122Communications during marriageBSA 128 Communications during marriage
Evidence Act 123Evidence as to affairs of StateBSA 129 Evidence as to affairs of State
Evidence Act 124Official communicationsBSA 130 Official communications
Evidence Act 125Information as to commission of offencesBSA 131 Information as to commission of offences
Evidence Act 126Professional communicationsBSA 132(1) Professional communicationsIEA 126 and 127 are merged into BSA 132; 'barrister, attorney, pleader or vakil' becomes 'advocate'.
Evidence Act 127Section 126 to apply to interpreters, etc.BSA 132(3) Professional communicationsMerged into BSA 132 as sub-section (3).
Evidence Act 128Privilege not waived by volunteering evidenceBSA 133 Privilege not waived by volunteering evidence
Evidence Act 129Confidential communications with legal advisersBSA 134 Confidential communication with legal advisers
Evidence Act 132Witness not excused from answering on ground that answer will criminateBSA 137 Witness not excused from answering on ground that answer will criminate
Evidence Act 133AccompliceBSA 138 AccompliceText changed: BSA 138 says a conviction is not illegal if it proceeds on the 'corroborated' testimony of an accomplice, where IEA 133 said 'uncorroborated'.
Evidence Act 134Number of witnessesBSA 139 Number of witnesses
Evidence Act 135Order of production and examination of witnessesBSA 140 Order of production and examination of witnesses
Evidence Act 136Judge to decide as to admissibility of evidenceBSA 141 Judge to decide as to admissibility of evidence
Evidence Act 137Examination-in-chief, cross-examination and re-examinationBSA 142 Examination of witnesses
Evidence Act 138Order of examinationsBSA 143 Order of examinations
Evidence Act 139Cross-examination of person called to produce a documentBSA 144 Cross-examination of person called to produce a document
Evidence Act 140Witnesses to characterBSA 145 Witnesses to character
Evidence Act 141Leading questionsBSA 146(1) Leading questionsIEA 141, 142 and 143 are merged into BSA 146.
Evidence Act 142When leading questions must not be askedBSA 146(2) Leading questionsMerged into BSA 146; sub-section (3) carries the rest of IEA 142.
Evidence Act 143When leading questions may be askedBSA 146(4) Leading questionsMerged into BSA 146 as sub-section (4).
Evidence Act 144Evidence as to matters in writingBSA 147 Evidence as to matters in writing
Evidence Act 145Cross-examination as to previous statements in writingBSA 148 Cross-examination as to previous statements in writing
Evidence Act 146Questions lawful in cross-examinationBSA 149 Questions lawful in cross-examination
Evidence Act 147When witness to be compelled to answerBSA 150 When witness to be compelled to answer
Evidence Act 148Court to decide when question shall be asked and when witness compelled to answerBSA 151 Court to decide when question shall be asked and when witness compelled to answer
Evidence Act 149Question not to be asked without reasonable groundsBSA 152 Question not to be asked without reasonable grounds
Evidence Act 151Indecent and scandalous questionsBSA 154 Indecent and scandalous questions
Evidence Act 152Questions intended to insult or annoyBSA 155 Questions intended to insult or annoy
Evidence Act 153Exclusion of evidence to contradict answers to questions testing veracityBSA 156 Exclusion of evidence to contradict answers to questions testing veracity
Evidence Act 154Question by party to his own witness (hostile witness)BSA 157 Question by party to his own witness
Evidence Act 155Impeaching credit of witnessBSA 158 Impeaching credit of witness
Evidence Act 156Questions tending to corroborate evidence of relevant fact, admissibleBSA 159 Questions tending to corroborate evidence of relevant fact, admissible
Evidence Act 157Former statements of witness may be proved to corroborate later testimony as to same factBSA 160 Former statements of witness may be proved to corroborate later testimony as to same fact
Evidence Act 158What matters may be proved in connection with proved statement relevant under section 32 or 33BSA 161 What matters may be proved in connection with proved statement relevant under section 26 or 27
Evidence Act 159Refreshing memoryBSA 162 Refreshing memory
Evidence Act 160Testimony to facts stated in document mentioned in section 159BSA 163 Testimony to facts stated in document mentioned in section 162
Evidence Act 161Right of adverse party as to writing used to refresh memoryBSA 164 Right of adverse party as to writing used to refresh memory
Evidence Act 162Production of documentsBSA 165 Production of documents
Evidence Act 165Judge's power to put questions or order productionBSA 168 Judge’s power to put questions or order production
Evidence Act 166Power of jury or assessors to put questionsNo equivalentNot carried over into BSA.
Evidence Act 167No new trial for improper admission or rejection of evidenceBSA 169 No new trial for improper admission or rejection of evidence