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The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024.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 Act | Subject | BSA | Note |
|---|---|---|---|
| Evidence Act 3 | Interpretation clause (definitions of Court, fact, relevant, facts in issue, document, evidence, proved, disproved, not proved) | BSA 2 Definitions | BSA 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 5 | Evidence may be given of facts in issue and relevant facts | BSA 3 Evidence may be given of facts in issue and relevant facts | |
| Evidence Act 6 | Relevancy of facts forming part of same transaction (res gestae) | BSA 4 Relevancy of facts forming part of same transaction | |
| Evidence Act 7 | Facts which are the occasion, cause or effect of facts in issue | BSA 5 Facts which are occasion, cause or effect of facts in issue or relevant facts | |
| Evidence Act 8 | Motive, preparation and previous or subsequent conduct | BSA 6 Motive, preparation and previous or subsequent conduct | |
| Evidence Act 9 | Facts necessary to explain or introduce relevant facts | BSA 7 Facts necessary to explain or introduce fact in issue or relevant facts | |
| Evidence Act 10 | Things said or done by conspirator in reference to common design | BSA 8 Things said or done by conspirator in reference to common design | |
| Evidence Act 11 | When facts not otherwise relevant become relevant | BSA 9 When facts not otherwise relevant become relevant | |
| Evidence Act 14 | Facts showing existence of state of mind, or of body or bodily feeling | BSA 12 Facts showing existence of state of mind, or of body or bodily feeling | |
| Evidence Act 15 | Facts bearing on question whether act was accidental or intentional | BSA 13 Facts bearing on question whether act was accidental or intentional | |
| Evidence Act 17 | Admission defined | BSA 15 Admission defined | |
| Evidence Act 18 | Admission by party to proceeding or his agent | BSA 16 Admission by party to proceeding or his agent | |
| Evidence Act 21 | Proof of admissions against persons making them, and by or on their behalf | BSA 19 Proof of admissions against persons making them, and by or on their behalf | |
| Evidence Act 23 | Admissions in civil cases when relevant | BSA 21 Admissions in civil cases when relevant | |
| Evidence Act 24 | Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding | BSA 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | BSA 22 adds 'coercion' and merges IEA 28 and 29 as its two provisos. |
| Evidence Act 25 | Confession to police officer not to be proved | BSA 23(1) Confession to police officer | IEA 25, 26 and 27 are merged into BSA 23. |
| Evidence Act 26 | Confession by accused while in custody of police not to be proved against him | BSA 23(2) Confession to police officer | IEA 25, 26 and 27 are merged into BSA 23. |
| Evidence Act 27 | How much of information received from accused may be proved (discovery statement) | BSA 23(2) Confession to police officer | Now the proviso to BSA 23(2). |
| Evidence Act 28 | Confession made after removal of impression caused by inducement, threat or promise, relevant | BSA 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding | Now the first proviso to BSA 22. |
| Evidence Act 30 | Consideration of proved confession affecting person making it and others jointly under trial for same offence | BSA 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence | |
| Evidence Act 31 | Admissions not conclusive proof, but may estop | BSA 25 Admissions not conclusive proof, but may estop | |
| Evidence Act 32 | Cases 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 33 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | BSA 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated | |
| Evidence Act 34 | Entries in books of account when relevant | BSA 28 Entries in books of account when relevant | |
| Evidence Act 35 | Relevancy of entry in public record or an electronic record made in performance of duty | BSA 29 Relevancy of entry in public record or an electronic record made in performance of duty | |
| Evidence Act 40 | Previous judgments relevant to bar a second suit or trial | BSA 34 Previous judgments relevant to bar a second suit or trial | |
| Evidence Act 41 | Relevancy of certain judgments in probate, etc., jurisdiction | BSA 35 Relevancy of certain judgments in probate, etc., jurisdiction | |
| Evidence Act 43 | Judgments, etc., other than those mentioned in sections 40 to 42, when relevant | BSA 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant | |
| Evidence Act 45 | Opinions of experts | BSA 39(1) Opinions of experts | BSA 39(1) extends expert fields to 'any other field'. |
| Evidence Act 45A | Opinion of Examiner of Electronic Evidence | BSA 39(2) Opinions of experts | Merged into BSA 39 as sub-section (2). |
| Evidence Act 46 | Facts bearing upon opinions of experts | BSA 40 Facts bearing upon opinions of experts | |
| Evidence Act 47 | Opinion as to handwriting, when relevant | BSA 41(1) Opinion as to handwriting and signature, when relevant | |
| Evidence Act 47A | Opinion as to electronic signature, when relevant | BSA 41(2) Opinion as to handwriting and signature, when relevant | Merged into BSA 41 as sub-section (2). |
| Evidence Act 53A | Evidence of character or previous sexual experience not relevant in certain cases | BSA 48 Evidence of character or previous sexual experience not relevant in certain cases | |
| Evidence Act 54 | Previous bad character not relevant, except in reply | BSA 49 Previous bad character not relevant, except in reply | |
| Evidence Act 56 | Fact judicially noticeable need not be proved | BSA 51 Fact judicially noticeable need not be proved | |
| Evidence Act 57 | Facts of which Court must take judicial notice | BSA 52 Facts of which Court shall take judicial notice | |
| Evidence Act 58 | Facts admitted need not be proved | BSA 53 Facts admitted need not be proved | |
| Evidence Act 59 | Proof of facts by oral evidence | BSA 54 Proof of facts by oral evidence | |
| Evidence Act 60 | Oral evidence must be direct | BSA 55 Oral evidence to be direct | |
| Evidence Act 61 | Proof of contents of documents | BSA 56 Proof of contents of documents | |
| Evidence Act 62 | Primary evidence | BSA 57 Primary evidence | BSA 57 adds Explanations treating electronic and digital records (including those stored in multiple places or in sequence) as primary evidence. |
| Evidence Act 63 | Secondary evidence | BSA 58 Secondary evidence | BSA 58 adds oral and written admissions and evidence of a person skilled in examining voluminous documents. |
| Evidence Act 64 | Proof of documents by primary evidence | BSA 59 Proof of documents by primary evidence | |
| Evidence Act 65 | Cases in which secondary evidence relating to documents may be given | BSA 60 Cases in which secondary evidence relating to documents may be given | |
| Evidence Act 65A | Special provisions as to evidence relating to electronic record | BSA 62 Special provisions as to evidence relating to electronic record | |
| Evidence Act 65B | Admissibility of electronic records | BSA 63 Admissibility of electronic records | BSA 63 requires the certificate in the form in the Schedule, signed by the person in charge and an expert. |
| Evidence Act 67 | Proof of signature and handwriting of person alleged to have signed or written document produced | BSA 65 Proof of signature and handwriting of person alleged to have signed or written document produced | |
| Evidence Act 67A | Proof as to electronic signature | BSA 66 Proof as to electronic signature | |
| Evidence Act 68 | Proof of execution of document required by law to be attested | BSA 67 Proof of execution of document required by law to be attested | |
| Evidence Act 73 | Comparison of signature, writing or seal with others admitted or proved | BSA 72 Comparison of signature, writing or seal with others admitted or proved | |
| Evidence Act 73A | Proof as to verification of digital signature | BSA 73 Proof as to verification of digital signature | |
| Evidence Act 74 | Public documents | BSA 74(1) Public and private documents | IEA 74 and 75 are merged into BSA 74. |
| Evidence Act 75 | Private documents | BSA 74(2) Public and private documents | IEA 74 and 75 are merged into BSA 74. |
| Evidence Act 76 | Certified copies of public documents | BSA 75 Certified copies of public documents | |
| Evidence Act 77 | Proof of documents by production of certified copies | BSA 76 Proof of documents by production of certified copies | |
| Evidence Act 79 | Presumption as to genuineness of certified copies | BSA 78 Presumption as to genuineness of certified copies | |
| Evidence Act 85B | Presumption as to electronic records and electronic signatures | BSA 86 Presumption as to electronic records and electronic signatures | |
| Evidence Act 88A | Presumption as to electronic messages | BSA 90 Presumption as to electronic messages | |
| Evidence Act 90 | Presumption as to documents thirty years old | BSA 92 Presumption as to documents thirty years old | |
| Evidence Act 90A | Presumption as to electronic records five years old | BSA 93 Presumption as to electronic records five years old | |
| Evidence Act 91 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | BSA 94 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | |
| Evidence Act 92 | Exclusion of evidence of oral agreement | BSA 95 Exclusion of evidence of oral agreement | |
| Evidence Act 101 | Burden of proof | BSA 104 Burden of proof | |
| Evidence Act 102 | On whom burden of proof lies | BSA 105 On whom burden of proof lies | |
| Evidence Act 103 | Burden of proof as to particular fact | BSA 106 Burden of proof as to particular fact | |
| Evidence Act 104 | Burden of proving fact to be proved to make evidence admissible | BSA 107 Burden of proving fact to be proved to make evidence admissible | |
| Evidence Act 105 | Burden of proving that case of accused comes within exceptions | BSA 108 Burden of proving that case of accused comes within exceptions | |
| Evidence Act 106 | Burden of proving fact especially within knowledge | BSA 109 Burden of proving fact especially within knowledge | |
| Evidence Act 107 | Burden of proving death of person known to have been alive within thirty years | BSA 110 Burden of proving death of person known to have been alive within thirty years | |
| Evidence Act 108 | Burden of proving that person is alive who has not been heard of for seven years | BSA 111 Burden of proving that person is alive who has not been heard of for seven years | |
| Evidence Act 110 | Burden of proof as to ownership | BSA 113 Burden of proof as to ownership | |
| Evidence Act 111A | Presumption as to certain offences | BSA 115 Presumption as to certain offences | |
| Evidence Act 112 | Birth during marriage, conclusive proof of legitimacy | BSA 116 Birth during marriage, conclusive proof of legitimacy | |
| Evidence Act 113 | Proof of cession of territory | No equivalent | Not carried over into BSA. |
| Evidence Act 113A | Presumption as to abetment of suicide by a married woman | BSA 117 Presumption as to abetment of suicide by a married woman | |
| Evidence Act 113B | Presumption as to dowry death | BSA 118 Presumption as to dowry death | |
| Evidence Act 114 | Court may presume existence of certain facts | BSA 119 Court may presume existence of certain facts | |
| Evidence Act 114A | Presumption as to absence of consent in certain prosecutions for rape | BSA 120 Presumption as to absence of consent in certain prosecution for rape | |
| Evidence Act 115 | Estoppel | BSA 121 Estoppel | |
| Evidence Act 116 | Estoppel of tenant and of licensee of person in possession | BSA 122 Estoppel of tenant and of licensee of person in possession | |
| Evidence Act 118 | Who may testify | BSA 124 Who may testify | |
| Evidence Act 119 | Witness unable to communicate verbally | BSA 125 Witness unable to communicate verbally | |
| Evidence Act 120 | Parties to civil suit, and their wives or husbands; husband or wife of person under criminal trial | BSA 126 Competency of husband and wife as witnesses in certain cases | |
| Evidence Act 121 | Judges and Magistrates | BSA 127 Judges and Magistrates | |
| Evidence Act 122 | Communications during marriage | BSA 128 Communications during marriage | |
| Evidence Act 123 | Evidence as to affairs of State | BSA 129 Evidence as to affairs of State | |
| Evidence Act 124 | Official communications | BSA 130 Official communications | |
| Evidence Act 125 | Information as to commission of offences | BSA 131 Information as to commission of offences | |
| Evidence Act 126 | Professional communications | BSA 132(1) Professional communications | IEA 126 and 127 are merged into BSA 132; 'barrister, attorney, pleader or vakil' becomes 'advocate'. |
| Evidence Act 127 | Section 126 to apply to interpreters, etc. | BSA 132(3) Professional communications | Merged into BSA 132 as sub-section (3). |
| Evidence Act 128 | Privilege not waived by volunteering evidence | BSA 133 Privilege not waived by volunteering evidence | |
| Evidence Act 129 | Confidential communications with legal advisers | BSA 134 Confidential communication with legal advisers | |
| Evidence Act 132 | Witness not excused from answering on ground that answer will criminate | BSA 137 Witness not excused from answering on ground that answer will criminate | |
| Evidence Act 133 | Accomplice | BSA 138 Accomplice | Text 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 134 | Number of witnesses | BSA 139 Number of witnesses | |
| Evidence Act 135 | Order of production and examination of witnesses | BSA 140 Order of production and examination of witnesses | |
| Evidence Act 136 | Judge to decide as to admissibility of evidence | BSA 141 Judge to decide as to admissibility of evidence | |
| Evidence Act 137 | Examination-in-chief, cross-examination and re-examination | BSA 142 Examination of witnesses | |
| Evidence Act 138 | Order of examinations | BSA 143 Order of examinations | |
| Evidence Act 139 | Cross-examination of person called to produce a document | BSA 144 Cross-examination of person called to produce a document | |
| Evidence Act 140 | Witnesses to character | BSA 145 Witnesses to character | |
| Evidence Act 141 | Leading questions | BSA 146(1) Leading questions | IEA 141, 142 and 143 are merged into BSA 146. |
| Evidence Act 142 | When leading questions must not be asked | BSA 146(2) Leading questions | Merged into BSA 146; sub-section (3) carries the rest of IEA 142. |
| Evidence Act 143 | When leading questions may be asked | BSA 146(4) Leading questions | Merged into BSA 146 as sub-section (4). |
| Evidence Act 144 | Evidence as to matters in writing | BSA 147 Evidence as to matters in writing | |
| Evidence Act 145 | Cross-examination as to previous statements in writing | BSA 148 Cross-examination as to previous statements in writing | |
| Evidence Act 146 | Questions lawful in cross-examination | BSA 149 Questions lawful in cross-examination | |
| Evidence Act 147 | When witness to be compelled to answer | BSA 150 When witness to be compelled to answer | |
| Evidence Act 148 | Court to decide when question shall be asked and when witness compelled to answer | BSA 151 Court to decide when question shall be asked and when witness compelled to answer | |
| Evidence Act 149 | Question not to be asked without reasonable grounds | BSA 152 Question not to be asked without reasonable grounds | |
| Evidence Act 151 | Indecent and scandalous questions | BSA 154 Indecent and scandalous questions | |
| Evidence Act 152 | Questions intended to insult or annoy | BSA 155 Questions intended to insult or annoy | |
| Evidence Act 153 | Exclusion of evidence to contradict answers to questions testing veracity | BSA 156 Exclusion of evidence to contradict answers to questions testing veracity | |
| Evidence Act 154 | Question by party to his own witness (hostile witness) | BSA 157 Question by party to his own witness | |
| Evidence Act 155 | Impeaching credit of witness | BSA 158 Impeaching credit of witness | |
| Evidence Act 156 | Questions tending to corroborate evidence of relevant fact, admissible | BSA 159 Questions tending to corroborate evidence of relevant fact, admissible | |
| Evidence Act 157 | Former statements of witness may be proved to corroborate later testimony as to same fact | BSA 160 Former statements of witness may be proved to corroborate later testimony as to same fact | |
| Evidence Act 158 | What matters may be proved in connection with proved statement relevant under section 32 or 33 | BSA 161 What matters may be proved in connection with proved statement relevant under section 26 or 27 | |
| Evidence Act 159 | Refreshing memory | BSA 162 Refreshing memory | |
| Evidence Act 160 | Testimony to facts stated in document mentioned in section 159 | BSA 163 Testimony to facts stated in document mentioned in section 162 | |
| Evidence Act 161 | Right of adverse party as to writing used to refresh memory | BSA 164 Right of adverse party as to writing used to refresh memory | |
| Evidence Act 162 | Production of documents | BSA 165 Production of documents | |
| Evidence Act 165 | Judge's power to put questions or order production | BSA 168 Judge’s power to put questions or order production | |
| Evidence Act 166 | Power of jury or assessors to put questions | No equivalent | Not carried over into BSA. |
| Evidence Act 167 | No new trial for improper admission or rejection of evidence | BSA 169 No new trial for improper admission or rejection of evidence |