Indian Evidence Act, 1872 → Bharatiya Sakshya Adhiniyam, 2023

Evidence Act to BSA chart: all 185 sections mapped

This Evidence Act to BSA chart lists all 185 sections of the Indian Evidence Act, 1872 and where each went in the Bharatiya Sakshya Adhiniyam, 2023: 160 carried over, 19 merged and 6 dropped. The BSA has 170 sections, 2 of them new, and came into force on 1 July 2024.

IEA · 185Carried over160Merged19Dropped6
BSA · 170Carried over160Merged8New2

IEA to BSA: all 185 IEA sections

IEA to BSA chart: each section of the Indian Evidence Act, 1872 with the corresponding section of the Bharatiya Sakshya Adhiniyam, 2023 and its status
IEA sectionTitleBSA section(s)Status
Chapter I · Preliminary
1Short title, extent and commencement1Carried over
2Repeal of enactmentsNoneDropped
3Interpretation clause2Merged
4"May presume"2Merged
Chapter II · Of the relevancy of facts
5Evidence may be given of facts in issue and relevant facts3Carried over
6Relevancy of facts forming part of same transaction4Carried over
7Facts which are the occasion, cause or effect of facts in issue5Carried over
8Motive, preparation and previous or subsequent conduct6Carried over
9Facts necessary to explain or introduce relevant facts7Carried over
10Things said or done by conspirator in reference to common design8Carried over
11When facts not otherwise relevant become relevant9Carried over
12In suits for damages, facts tending to enable Court to determine amount are relevant10Carried over
13Facts relevant when right or custom is in question11Carried over
14Facts showing existence of state of mind, or of body, or bodily feeling12Carried over
15Facts bearing on question whether act was accidental or intentional13Carried over
16Existence of course of business when relevant14Carried over
17Admission defined15Carried over
18Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived16Carried over
19Admissions by persons whose position must be proved as against party to suit17Carried over
20Admissions by persons expressly referred to by party to suit18Carried over
21Proof of admissions against persons making them, and by or on their behalf19Carried over
22When oral admissions as to contents of documents are relevant20Carried over
22AWhen oral admission as to contents of electronic records are relevantNoneDropped
23Admissions in civil cases, when relevant21Carried over
24Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding22Merged
25Confession to police officer not to be proved23(1)Merged
26Confession by accused while in custody of police not to be proved against him23(2)Merged
27How much of information received from accused may be proved23Merged
28Confession made after removal of impression caused by inducement, threat or promise, relevant22Merged
29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc22Merged
30Consideration of proved confession affecting person making it and others jointly under trial for same offence24Carried over
31Admissions not conclusive proof, but may estop25Carried over
32Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant26Carried over
33Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated27Carried over
34[Entries in books of account, including those maintained in an electronic form] when relevant28Carried over
35Relevancy of entry in public record [or an electronic record], made in performance of duty29Carried over
36Relevancy of statements in maps, charts and plans30Carried over
37Relevancy of statement as to fact of public nature, contained in certain Acts or notifications31Carried over
38Relevancy of statements as to any law contained in law books32Carried over
39What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers33Carried over
40Previous judgments relevant to bar a second suit or trial34Carried over
41Relevancy of certain judgments in probate, etc., jurisdiction35Carried over
42Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 4136Carried over
43Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant37Carried over
44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved38Carried over
45Opinions of experts39(1)Merged
45AOpinion of Examiner of Electronic Evidence39(2)Merged
46Facts bearing upon opinions of experts40Carried over
47Opinion as to handwriting, when relevant41(1)Merged
47AOpinion as to "[electronic signature] when relevant41(2)Merged
48Opinion as to existence of right or custom, when relevant42Carried over
49Opinions as to usages, tenets, etc., when relevant43Carried over
50Opinion on relationship, when relevant44Carried over
51Grounds of opinion, when relevant45Carried over
52In civil cases character to prove conduct imputed, irrelevant46Carried over
53In criminal cases, previous good character relevant47Carried over
53AEvidence of character or previous sexual experience not relevant in certain cases48Carried over
54Previous bad character not relevant, except in reply49Carried over
55Character as affecting damages50Carried over
Chapter III · Facts which need not be proved
56Fact judicially noticeable need not be proved51Carried over
57Facts of which Court must take judicial notice52Carried over
58Facts admitted need not be proved53Carried over
Chapter IV · Of oral evidence
59Proof of facts by oral evidence54Carried over
60Oral evidence must be direct55Carried over
Chapter V · Of documentary evidence
61Proof of contents of documents56Carried over
62Primary evidence57Carried over
63Secondary evidence58Carried over
64Proof of documents by primary evidence59Carried over
65Cases in which secondary evidence relating to documents may be given.Secondary evidence may be given of the existence, condition or contents of a document in the following cases60Carried over
65ASpecial provisions as to evidence relating to electronic record62Carried over
65BAdmissibility of electronic records63Carried over
66Rules as to notice to produce64Carried over
67Proof of signature and handwriting of person alleged to have signed or written document produced65Carried over
67AProof as to [electronic signature]66Carried over
68Proof of execution of document required by law to be attested67Carried over
69Proof where no attesting witness found68Carried over
70Admission of execution by party to attested document69Carried over
71Proof when attesting witness denies the execution70Carried over
72Proof of document not required by law to be attested71Carried over
73Comparison of signature, writing or seal with others admitted or proved72Carried over
73AProof as to verification of digital signature73Carried over
74Public documents74(1)Merged
75Private documents74(2)Merged
76Certified copies of public documents75Carried over
77Proof of documents by production of certified copies76Carried over
78Proof of other official documents77Carried over
79Presumption as to genuineness of certified copies78Carried over
80Presumption as to documents produced as record of evidence79Carried over
81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents80Carried over
81APresumption as to Gazettes in electronic forms81Carried over
82Presumption as to document admissible in England without proof of seal or signatureNoneDropped
83Presumption as to maps or plans made by authority of Government82Carried over
84Presumption as to collections of laws and reports of decisions83Carried over
85Presumption as to powers-of-attorney84Carried over
85APresumption as to electronic agreements85Carried over
85BPresumption as to electronic records and [electronic signatures]86Carried over
85CPresumption as to [Electronic Signature Certificates]87Carried over
86Presumption as to certified copies of foreign judicial records88Carried over
87Presumption as to books, maps and charts89Carried over
88Presumption as to telegraphic messagesNoneDropped
88APresumption as to electronic messages90Carried over
89Presumption as to due execution, etc., of documents not produced91Carried over
90Presumption as to documents thirty years old92Carried over
90APresumption as to electronic records five years old93Carried over
Chapter VI · Of the exclusion of oral by documentary evidence
91Evidence of terms of contracts, grants and other dispositions of property reduced to form of document94Carried over
92Exclusion of evidence of oral agreement95Carried over
93Exclusion of evidence to explain or amend ambiguous document96Carried over
94Exclusion of evidence against application of document to existing facts97Carried over
95Evidence as to document in unmeaning reference to existing facts98Carried over
96Evidence as to application of language which can apply to one only of several persons99Carried over
97Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies100Carried over
98Evidence as to meaning of illegible characters, etc101Carried over
99Who may give evidence of agreement varying terms of document102Carried over
100Saving of provisions of Indian Succession Act relating to wills103Carried over
Chapter VII · Of the burden of proof
101Burden of proof104Carried over
102On whom burden of proof lies105Carried over
103Burden of proof as to particular fact106Carried over
104Burden of proving fact to be proved to make evidence admissible107Carried over
105Burden of proving that case of accused comes within exceptions108Carried over
106Burden of proving fact especially within knowledge109Carried over
107Burden of proving death of person known to have been alive within thirty years110Carried over
108Burden of proving that person is alive who has not been heard of for seven years111Carried over
109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent112Carried over
110Burden of proof as to ownership113Carried over
111Proof of good faith in transactions where one party is in relation of active confidence114Carried over
111APresumption as to certain offences115Carried over
112Birth during marriage, conclusive proof of legitimacy116Carried over
113Proof of cession of territoryNoneDropped
113APresumption as to abetment of suicide by a married woman117Carried over
113BPresumption as to dowry death118Carried over
114Court may presume existence of certain facts119Carried over
114APresumption as to absence of consent in certain prosecution for rape120Carried over
Chapter VIII · Estoppel
115Estoppel121Carried over
116Estoppel of tenant; and of licensee of person in possession122Carried over
117Estoppel of acceptor of bill of exchange, bailee or licensee123Carried over
Chapter IX · Of witnesses
118Who may testify124Carried over
119Witness unable to communicate verbally125Carried over
120Parties to civil suit, and their wives or husbands, Husband or wife of person under criminal trial126Carried over
121Judges and Magistrates127Carried over
122Communications during marriage128Carried over
123Evidence as to affairs of State129Carried over
124Official communications130Carried over
125Information as to commission of offences131Carried over
126Professional communications132(1)(2)Merged
127Section 126 to apply to interpreters, etc132(3)Merged
128Privilege not waived by volunteering evidence133Carried over
129Confidential communications with legal advisers134Carried over
130Production of title-deeds of witness not a party135Carried over
131Production of documents or electronic records which another person, having possession, could refuse to produce136Carried over
132Witness not excused from answering on ground that answer will criminate137Carried over
133Accomplice138Carried over
134Number of witnesses139Carried over
Chapter X · Of the examination of witnesses
135Order of production and examination of witnesses140Carried over
136Judge to decide as to admissibility of evidence141Carried over
137Examination-in-chief142Carried over
138Order of examinations143Carried over
139Cross-examination of person called to produce a document144Carried over
140Witnesses to character145Carried over
141Leading questions146(1)Merged
142When they must not be asked146(2), 146(3)Merged
143When they may be asked146(4)Merged
144Evidence as to matters in writing147Carried over
145Cross-examination as to previous statements in writing148Carried over
146Questions lawful in cross-examination149Carried over
147When witness to he compelled to answer150Carried over
148Court to decide when question shall be asked and when witness compelled to answer151Carried over
149Question not to be asked without reasonable grounds152Carried over
150Procedure of Court in case of question being asked without reasonable grounds153Carried over
151Indecent and scandalous questions154Carried over
152Questions intended to insult or annoy155Carried over
153Exclusion of evidence to contradict answers to questions testing veracity156Carried over
154Question by party to his own witness157Carried over
155Impeaching credit of witness158Carried over
156Questions tending to corroborate evidence of relevant fact, admissible159Carried over
157Former statements of witness may be proved to corroborate later testimony as to same fact160Carried over
158What matters may be proved in connection with proved statement relevant under Section 32 or 33161Carried over
159Refreshing memory162Carried over
160Testimony to facts stated in document mentioned in Section 159163Carried over
161Right of adverse party as to writing used to refresh memory164Carried over
162Production of documents165Carried over
163Giving, as evidence, of document called for and produced on notice166Carried over
164Using, as evidence, of document, production of which was refused on notice167Carried over
165Judge's power to put questions or order production168Carried over
166Power of jury or assessors to put questionsNoneDropped
Chapter XI · Of improper admission and rejection of evidence
167No new trial for improper admission or rejection of evidence169Carried over

BSA to IEA: all 170 BSA sections

BSA to IEA chart: each section of the Bharatiya Sakshya Adhiniyam, 2023 with the corresponding section of the Indian Evidence Act, 1872 and its status
BSA sectionTitleIEA section(s)Status
Chapter I · Preliminary
1Short title, application and commencement1Carried over
2Definitions3, 4Merged
Chapter II · Relevancy of facts
3Evidence may be given of facts in issue and relevant facts5Carried over
4Relevancy of facts forming part of same transaction6Carried over
5Facts which are occasion, cause or effect of facts in issue or relevant facts7Carried over
6Motive, preparation and previous or subsequent conduct8Carried over
7Facts necessary to explain or introduce fact in issue or relevant facts9Carried over
8Things said or done by conspirator in reference to common design10Carried over
9When facts not otherwise relevant become relevant11Carried over
10Facts tending to enable Court to determine amount are relevant in suits for damages12Carried over
11Facts relevant when right or custom is in question13Carried over
12Facts showing existence of state of mind, or of body or bodily feeling14Carried over
13Facts bearing on question whether act was accidental or intentional15Carried over
14Existence of course of business when relevant16Carried over
15Admission defined17Carried over
16Admission by party to proceeding or his agent18Carried over
17Admissions by persons whose position must be proved as against party to suit19Carried over
18Admissions by persons expressly referred to by party to suit20Carried over
19Proof of admissions against persons making them, and by or on their behalf21Carried over
20When oral admissions as to contents of documents are relevant22Carried over
21Admissions in civil cases when relevant23Carried over
22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding24, 28, 29Merged
23Confession to police officer25, 26, 27Merged
24Consideration of proved confession affecting person making it and others jointly under trial for same offence30Carried over
25Admissions not conclusive proof, but may estop31Carried over
26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant32Carried over
27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated33Carried over
28Entries in books of account when relevant34Carried over
29Relevancy of entry in public record or an electronic record made in performance of duty35Carried over
30Relevancy of statements in maps, charts and plans36Carried over
31Relevancy of statement as to fact of public nature contained in certain Acts or notifications37Carried over
32Relevancy of statements as to any law contained in law books including electronic or digital form38Carried over
33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers39Carried over
34Previous judgments relevant to bar a second suit or trial40Carried over
35Relevancy of certain judgments in probate, etc., jurisdiction41Carried over
36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 3542Carried over
37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant43Carried over
38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved44Carried over
39Opinions of experts45, 45AMerged
40Facts bearing upon opinions of experts46Carried over
41Opinion as to handwriting and signature, when relevant47, 47AMerged
42Opinion as to existence of general custom or right, when relevant48Carried over
43Opinion as to usages, tenets, etc., when relevant49Carried over
44Opinion on relationship, when relevant50Carried over
45Grounds of opinion, when relevant51Carried over
46In civil cases character to prove conduct imputed, irrelevant52Carried over
47In criminal cases previous good character relevant53Carried over
48Evidence of character or previous sexual experience not relevant in certain cases53ACarried over
49Previous bad character not relevant, except in reply54Carried over
50Character as affecting damages55Carried over
Chapter III · Facts which need not be proved
51Fact judicially noticeable need not be proved56Carried over
52Facts of which Court shall take judicial notice57Carried over
53Facts admitted need not be proved58Carried over
Chapter IV · Of oral evidence
54Proof of facts by oral evidence59Carried over
55Oral evidence to be direct60Carried over
Chapter V · Of documentary evidence
56Proof of contents of documents61Carried over
57Primary evidence62Carried over
58Secondary evidence63Carried over
59Proof of documents by primary evidence64Carried over
60Cases in which secondary evidence relating to documents maybe given65Carried over
61Electronic or digital recordNoneNew
62Special provisions as to evidence relating to electronic record65ACarried over
63Admissibility of electronic records65BCarried over
64Rules as to notice to produce66Carried over
65Proof of signature and handwriting of person alleged to have signed or written document produced67Carried over
66Proof as to electronic signature67ACarried over
67Proof of execution of document required by law to be attested68Carried over
68Proof where no attesting witness found69Carried over
69Admission of execution by party to attested document70Carried over
70Proof when attesting witness denies execution71Carried over
71Proof of document not required by law to be attested72Carried over
72Comparison of signature, writing or seal with others admitted or proved73Carried over
73Proof as to verification of digital signature73ACarried over
74Public and private documents74, 75Merged
75Certified copies of public documents76Carried over
76Proof of documents by production of certified copies77Carried over
77Proof of other official documents78Carried over
78Presumption as to genuineness of certified copies79Carried over
79Presumption as to documents produced as record of evidence, etc80Carried over
80Presumption as to Gazettes, newspapers, and other documents81Carried over
81Presumption as to Gazettes in electronic or digital record81ACarried over
82Presumption as to maps or plans made by authority of Government83Carried over
83Presumption as to collections of laws and reports of decisions84Carried over
84Presumption as to powers-of-attorney85Carried over
85Presumption as to electronic agreements85ACarried over
86Presumption as to electronic records and electronic signatures85BCarried over
87Presumption as to Electronic Signature Certificates85CCarried over
88Presumption as to certified copies of foreign judicial records86Carried over
89Presumption as to books, maps and charts87Carried over
90Presumption as to electronic messages88ACarried over
91Presumption as to due execution, etc., of documents not produced89Carried over
92Presumption as to documents thirty years old90Carried over
93Presumption as to electronic records five years old90ACarried over
Chapter VI · Of the exclusion of oral evidence by documentary evidence
94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document91Carried over
95Exclusion of evidence of oral agreement92Carried over
96Exclusion of evidence to explain or amend ambiguous document93Carried over
97Exclusion of evidence against application of document to existing facts94Carried over
98Evidence as to document unmeaning in reference to existing facts95Carried over
99Evidence as to application of language which can apply to one only of several persons96Carried over
100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies97Carried over
101Evidence as to meaning of illegible characters, etc98Carried over
102Who may give evidence of agreement varying terms of document99Carried over
103Saving of provisions of Indian Succession Act relating to wills100Carried over
Chapter VII · Of the burden of proof
104Burden of proof101Carried over
105On whom burden of proof lies102Carried over
106Burden of proof as to particular fact103Carried over
107Burden of proving fact to be proved to make evidence admissible104Carried over
108Burden of proving that case of accused comes within exceptions105Carried over
109Burden of proving fact especially within knowledge106Carried over
110Burden of proving death of person known to have been alive within thirty years107Carried over
111Burden of proving that person is alive who has not been heard of for seven years108Carried over
112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent109Carried over
113Burden of proof as to ownership110Carried over
114Proof of good faith in transactions where one party is in relation of active confidence111Carried over
115Presumption as to certain offences111ACarried over
116Birth during marriage, conclusive proof of legitimacy112Carried over
117Presumption as to abetment of suicide by a married woman113ACarried over
118Presumption as to dowry death113BCarried over
119Court may presume existence of certain facts114Carried over
120Presumption as to absence of consent in certain prosecution for rape114ACarried over
Chapter VIII · Estoppel
121Estoppel115Carried over
122Estoppel of tenant and of licensee of person in possession116Carried over
123Estoppel of acceptor of bill of exchange, bailee or licensee117Carried over
Chapter IX · Of witnesses
124Who may testify118Carried over
125Witness unable to communicate verbally119Carried over
126Competency of husband and wife as witnesses in certain cases120Carried over
127Judges and Magistrates121Carried over
128Communications during marriage122Carried over
129Evidence as to affairs of State123Carried over
130Official communications124Carried over
131Information as to commission of offences125Carried over
132Professional communications126, 127Merged
133Privilege not waived by volunteering evidence128Carried over
134Confidential communication with legal advisers129Carried over
135Production of title-deeds of witness not a party130Carried over
136Production of documents or electronic records which another person, having possession, could refuse to produce131Carried over
137Witness not excused from answering on ground that answer will criminate132Carried over
138Accomplice133Carried over
139Number of witnesses134Carried over
Chapter X · Of examination of witnesses
140Order of production and examination of witnesses135Carried over
141Judge to decide as to admissibility of evidence136Carried over
142Examination of witnesses137Carried over
143Order of examinations138Carried over
144Cross examination of person called to produce a document139Carried over
145Witnesses to character140Carried over
146Leading questions141, 142, 143Merged
147Evidence as to matters in writing144Carried over
148Cross examination as to previous statements in writing145Carried over
149Questions lawful in cross examination146Carried over
150When witness to be compelled to answer147Carried over
151Court to decide when question shall be asked and when witness compelled to answer148Carried over
152Question not to be asked without reasonable grounds149Carried over
153Procedure of Court in case of question being asked without reasonable grounds150Carried over
154Indecent and scandalous questions151Carried over
155Questions intended to insult or annoy152Carried over
156Exclusion of evidence to contradict answers to questions testing veracity153Carried over
157Question by party to his own witness154Carried over
158Impeaching credit of witness155Carried over
159Questions tending to corroborate evidence of relevant fact, admissible156Carried over
160Former statements of witness may be proved to corroborate later testimony as to same fact157Carried over
161What matters may be proved in connection with proved statement relevant under section 26 or 27158Carried over
162Refreshing memory159Carried over
163Testimony to facts stated in document mentioned in section 162160Carried over
164Right of adverse party as to writing used to refresh memory161Carried over
165Production of documents162Carried over
166Giving, as evidence, of document called for and produced on notice163Carried over
167Using, as evidence, of document production of which was refused on notice164Carried over
168Judge's power to put questions or order production165Carried over
Chapter XI · Of improper admission and rejection of evidence
169No new trial for improper admission or rejection of evidence167Carried over
Chapter XII · Repeal and savings
170Repeal and savingsNoneNew

Questions about the Evidence Act to BSA chart

When did the BSA replace the Evidence Act?

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, replacing the Indian Evidence Act, 1872.

How many Evidence Act sections are in the BSA?

179 of the 185 Evidence Act sections have a counterpart in the BSA. The BSA has 170 sections, 2 of them new with no Evidence Act counterpart.

What is IEA 65B in BSA?

IEA 65B (Admissibility of electronic records) corresponds to BSA 63.

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