IEA to BSA & BSA to IEA Converter
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BSA Section/Subsection
1
IEA Section/Subsection
1
Subject
Short title, application and commencement.
Summary of Comparison
Indian Evidence Act, 1872 (IEA) provided that it extended to the whole of India, whereas Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of territorial extent.
BSA Section/Subsection
2
IEA Section/Subsection
IEA 3 Interpretation clause
Subject
Definitions.
Summary of Comparison
Interpretation clauses, which include words and expressions and are interpreted in paragraphs in the IEA, are now defined under Section 2(1): Definitions, where each word and expression is given individual alphabetical clauses. BSA excludes the interpretation of "India" previously given in Section 3 of the IEA.
BSA Section/Subsection
2(1)(a)
IEA Section/Subsection
3, para 1
Subject
"Court".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(b)
IEA Section/Subsection
4, para 3
Subject
"conclusive proof".
Summary of Comparison
"Act" is replaced with "Adhiniyam". Wherever the word “Act” is used in IEA the word “Adhiniyam” is used in BSA, therefore, this fact will not be specifically mentioned in this table hereinafter. Word "means" is added.
BSA Section/Subsection
2(1) (c)
IEA Section/Subsection
3, para 8
Subject
"disproved".
Summary of Comparison
Words "A fact is said to be disproved" are replaced by "in relation to a fact, means".
BSA Section/Subsection
2(1)(d)
IEA Section/Subsection
3, para 5
Subject
"document".
Summary of Comparison
The words "or otherwise recorded" and "or any other means", "and includes electronic and digital records" are added.
BSA Section/Subsection
2(1)(e )
IEA Section/Subsection
3, para 6
Subject
"evidence".
Summary of Comparison
"Words" "including statements given electronically" in (e ) (i) and "or digital" in (e ) (ii) are added.
BSA Section/Subsection
2(1)(f)
IEA Section/Subsection
3, para 2
Subject
"fact".
Summary of Comparison
Word "man" is replaced by "person" in illustrations and illustration (e)-"That a man has a certain reputation, is a fact" is now excluded in BSA.
BSA Section/Subsection
2(1)(g)
IEA Section/Subsection
3, para 4
Subject
"facts in issue".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(h)
IEA Section/Subsection
4, para 1
Subject
"may presume".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(i)
IEA Section/Subsection
3, para 9
Subject
"not proved".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(j)
IEA Section/Subsection
3, para 7
Subject
"proved".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(k)
IEA Section/Subsection
3, para 3
Subject
"relevant".
Summary of Comparison
No change.
BSA Section/Subsection
2(1)(l)
IEA Section/Subsection
4, para 2
Subject
"shall presume".
Summary of Comparison
No change.
BSA Section/Subsection
2(2)
IEA Section/Subsection
New
Subject
Words and expressions.
Summary of Comparison
Newly added. “Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023, shall have the same meanings as assigned to them in the said Act and Sanhitas.”
BSA Section/Subsection
3
IEA Section/Subsection
5
Subject
Evidence maybe given of facts in issue and relevant facts.
Summary of Comparison
No change.
BSA Section/Subsection
4
IEA Section/Subsection
6
Subject
Relevancy of facts forming part of same transaction.
Summary of Comparison
No change.
BSA Section/Subsection
5
IEA Section/Subsection
7
Subject
Facts which are occasion, cause or effect of facts in issue or relevant facts.
Summary of Comparison
Words "or relevant facts" added in heading.
BSA Section/Subsection
6
IEA Section/Subsection
8
Subject
Motive, preparation and previous or subsequent conduct.
Summary of Comparison
In explanation. And in illustrations "vakils" is replaced by "advocates" "man" is replaced by "person" and "ravished" is replaced by " raped".
BSA Section/Subsection
7
IEA Section/Subsection
9
Subject
Facts necessary to explain or introduce fact in issue or relevant facts.
Summary of Comparison
Words "fact in issue or" are added in the heading. "A" is replaced by "he".
BSA Section/Subsection
8
IEA Section/Subsection
10
Subject
Things said or done by conspirator in reference to common design.
Summary of Comparison
No change except in illustrations, "Government of India" is replaced by "State", and city names are changed from Calcutta to Kolkata, Bombay to Mumbai, and Kabul to Singapore.
BSA Section/Subsection
9
IEA Section/Subsection
11
Subject
When facts not otherwise relevant become relevant.
Summary of Comparison
No Change except in illustrations cities names are changed from Calcutta to Chennai and Lahore to Laddakh.
BSA Section/Subsection
10
IEA Section/Subsection
12
Subject
Facts tending to enable Court to determine amount are relevant in suits for damages.
Summary of Comparison
No change except in the heading, where the words "In suits for damages" are placed at the end instead of the beginning.
BSA Section/Subsection
11
IEA Section/Subsection
13
Subject
Facts relevant when right or custom is in question.
Summary of Comparison
No change.
BSA Section/Subsection
12
IEA Section/Subsection
14
Subject
Facts showing existence of state of mind, or of body or bodily feeling.
Summary of Comparison
In illustrations, word "coin" is replaced by "currency" and "carriage" is replaced by "cars".
BSA Section/Subsection
13
IEA Section/Subsection
15
Subject
Facts bearing on question whether act was accidental or intentional.
Summary of Comparison
In illustrations, word "rupee" is replaced by "currency".
BSA Section/Subsection
14
IEA Section/Subsection
16
Subject
Existence of course of business when relevant.
Summary of Comparison
No change.
BSA Section/Subsection
15
IEA Section/Subsection
17
Subject
Admission defined.
Summary of Comparison
No change.
BSA Section/Subsection
16
IEA Section/Subsection
18
Subject
Admission by party to proceeding or his agent.
Summary of Comparison
Headings of paragraphs are excluded and written as subsections and clauses.
BSA Section/Subsection
17
IEA Section/Subsection
19
Subject
Admissions by persons whose position must be proved as against party to suit.
Summary of Comparison
No change.
BSA Section/Subsection
18
IEA Section/Subsection
20
Subject
Admissions by persons expressly referred to by party to suit.
Summary of Comparison
No change.
BSA Section/Subsection
19
IEA Section/Subsection
21
Subject
Proof of admissions against persons making them, and by or on their behalf.
Summary of Comparison
Word "coin" is replaced by "currency".
BSA Section/Subsection
20
IEA Section/Subsection
22
Subject
When oral admissions as to contents of documents are relevant.
Summary of Comparison
No change.
BSA Section/Subsection
21
IEA Section/Subsection
23
Subject
Admissions in civil cases when relevant.
Summary of Comparison
Words "barrister, pleader, attorney or vakil" are replaced by "advocate".
BSA Section/Subsection
22(1)
IEA Section/Subsection
24
Subject
Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
Summary of Comparison
The word "coercion" is added. Section 28 IEA and Section 29 IEA are given as provisos to Section 22 of the BSA. Heading is dropped as sections are included as provisos.
BSA Section/Subsection
First proviso to section 22
IEA Section/Subsection
28
Subject
Confession made after removal of impression caused by inducement, threat or promise, relevant.
Summary of Comparison
Heading is dropped as section is included as proviso.
BSA Section/Subsection
Second proviso to section 22
IEA Section/Subsection
29
Subject
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
Summary of Comparison
Heading is dropped as section is included as proviso.
BSA Section/Subsection
23(1)
IEA Section/Subsection
25
Subject
Confession to police officer.
Summary of Comparison
Words "not to be proved" are excluded from heading.
BSA Section/Subsection
23(2)
IEA Section/Subsection
26
Subject
Confession by accused while in custody of police not to be proved against him.
Summary of Comparison
Heading is dropped as the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him".
BSA Section/Subsection
Proviso to section 23
IEA Section/Subsection
27
Subject
How much of information received from accused may be proved.
Summary of Comparison
Heading is dropped as the section is included as proviso.
BSA Section/Subsection
24
IEA Section/Subsection
30
Subject
Consideration of proved confession affecting person making it and others jointly under trial for same offence.
Summary of Comparison
A new explanation II is added, mentioning that "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."
BSA Section/Subsection
25
IEA Section/Subsection
31
Subject
Admissions not conclusive proof, but may estop.
Summary of Comparison
No change.
BSA Section/Subsection
26
IEA Section/Subsection
32
Subject
Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
Summary of Comparison
Word "namely" is added and headings of subsections are dropped. In illustration word "ravished" is replaced by "raped" and word "banya" is replaced by "business".
BSA Section/Subsection
27
IEA Section/Subsection
33
Subject
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
Summary of Comparison
No change except that word "that" is replaced by "and" in proviso.
BSA Section/Subsection
28
IEA Section/Subsection
34
Subject
Entries in books of account when relevant.
Summary of Comparison
No change except the words "include those maintained in an electronic form" are excluded from the heading.
BSA Section/Subsection
29
IEA Section/Subsection
35
Subject
Relevancy of entry in public record or an electronic record made in performance of duty.
Summary of Comparison
No change.
BSA Section/Subsection
30
IEA Section/Subsection
36
Subject
Relevancy of statements in maps, charts and plans.
Summary of Comparison
No change.
BSA Section/Subsection
31
IEA Section/Subsection
37
Subject
Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
Summary of Comparison
Words "any Act of Parliament 4 (of the United Kingdom) or or in any 5 Central Act, Provincial Act or 6 a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony, or possession of his Majesty is a relevant fact." are replaced by "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, is a relevant fact".
BSA Section/Subsection
32
IEA Section/Subsection
38
Subject
Relevancy of statements as to any law contained in law books including electronic or digital form.
Summary of Comparison
Words "including in electronic or digital form" are added in heading as well as in the main text of the section.
BSA Section/Subsection
33
IEA Section/Subsection
39
Subject
What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
Summary of Comparison
No change.
BSA Section/Subsection
34
IEA Section/Subsection
40
Subject
Previous judgments relevant to bar a second suit or trial.
Summary of Comparison
No change.
BSA Section/Subsection
35
IEA Section/Subsection
41
Subject
Relevancy of certain judgments in probate, etc., jurisdiction.
Summary of Comparison
The word "Tribunal" is added. Paragraph "Such judgment, order or decree is conclusive proof that" is given as subsection (2) and conditions under this are enumerated as (i), (ii), (iii), and (iv). The word "that" is excluded.
BSA Section/Subsection
36
IEA Section/Subsection
42
Subject
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section35[41 IEA].
Summary of Comparison
No change.
BSA Section/Subsection
37
IEA Section/Subsection
43
Subject
Judgments, etc., other than those mentioned in sections 34, 35 and 36 [40to 42 IEA] when relevant.
Summary of Comparison
No change.
BSA Section/Subsection
38
IEA Section/Subsection
44
Subject
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
Summary of Comparison
No change.
BSA Section/Subsection
39(1)
IEA Section/Subsection
45
Subject
Opinions of experts.
Summary of Comparison
Words "or any other field" are added. Thus, scope is expanded greatly.
BSA Section/Subsection
39(2)
IEA Section/Subsection
45A
Subject
Opinion of Examiner of Electronic Evidence.
Summary of Comparison
Heading is dropped as section is added as a subsection.
BSA Section/Subsection
40
IEA Section/Subsection
46
Subject
Facts bearing upon opinions of experts.
Summary of Comparison
No change.
BSA Section/Subsection
41(1)
IEA Section/Subsection
47
Subject
Opinion as to handwriting and signature, when relevant.
Summary of Comparison
Words "and signature" are added in heading.
BSA Section/Subsection
41(2)
IEA Section/Subsection
47A
Subject
Opinion as to electronic signature, when relevant.
Summary of Comparison
Heading is dropped as section is added as a subsection.
BSA Section/Subsection
42
IEA Section/Subsection
48
Subject
Opinion as to existence of general custom or right, when relevant.
Summary of Comparison
No change.
BSA Section/Subsection
43
IEA Section/Subsection
49
Subject
Opinion as to usages, tenets, etc., when relevant.
Summary of Comparison
Paragraphs are numbered as clauses (i), (ii) and (iii).
BSA Section/Subsection
44
IEA Section/Subsection
50
Subject
Opinion on relationship, when relevant.
Summary of Comparison
No change.
BSA Section/Subsection
45
IEA Section/Subsection
51
Subject
Grounds of opinion, when relevant.
Summary of Comparison
No change.
BSA Section/Subsection
46
IEA Section/Subsection
52
Subject
In civil cases character to prove conduct imputed, irrelevant.
Summary of Comparison
No change.
BSA Section/Subsection
47
IEA Section/Subsection
53
Subject
In criminal cases previous good character relevant.
Summary of Comparison
No change.
BSA Section/Subsection
48
IEA Section/Subsection
53A
Subject
Evidence of character or previous sexual experience not relevant in certain cases.
Summary of Comparison
No change.
BSA Section/Subsection
49
IEA Section/Subsection
54
Subject
Previous bad character not relevant, except in reply.
Summary of Comparison
No change.
BSA Section/Subsection
50
IEA Section/Subsection
55
Subject
Character as affecting damages.
Summary of Comparison
No change.
BSA Section/Subsection
51
IEA Section/Subsection
56
Subject
Fact judicially noticeable need not be proved.
Summary of Comparison
No change.
BSA Section/Subsection
52
IEA Section/Subsection
57
Subject
Facts of which Court shall take judicial notice.
Summary of Comparison
Paragraphs are numbered as subsections (1) and (2), and facts enumeration as (1) to (13) is replaced by alphabetic clauses (a) to (l), excluding (2), (3), and (5). These exclusions remove colonial vestiges from the text. A new clause (b) is newly added, mentioning "international treaty, agreement or convention with country or countries by India, or decisions made by India at the international associations or other bodies;".
BSA Section/Subsection
53
IEA Section/Subsection
58
Subject
Facts admitted need not be proved.
Summary of Comparison
No change.
BSA Section/Subsection
54
IEA Section/Subsection
59
Subject
Proof of facts by oral evidence.
Summary of Comparison
Words "or electronic records" are excluded.
BSA Section/Subsection
55
IEA Section/Subsection
60
Subject
Oral evidence to be direct.
Summary of Comparison
In heading word "must" is replaced by "to" and paragraph are numbered as clauses (i), (ii), (iii)and (iv). Word "also" is replaced by "further".
BSA Section/Subsection
56
IEA Section/Subsection
61
Subject
Proof of contents of documents.
Summary of Comparison
No change.
BSA Section/Subsection
57
IEA Section/Subsection
62
Subject
Primary evidence.
Summary of Comparison
4 new explanations are added.
BSA Section/Subsection
58
IEA Section/Subsection
63
Subject
Secondary evidence.
Summary of Comparison
Words "means and" are excluded and three new clauses (vi), (vii), and (viii) are added.
BSA Section/Subsection
59
IEA Section/Subsection
64
Subject
Proof of documents by primary evidence.
Summary of Comparison
No change.
BSA Section/Subsection
60
IEA Section/Subsection
65
Subject
Cases in which secondary evidence relating to documents may be given.
Summary of Comparison
The word "namely" is added and paragraph of clause (a) are numbered as (i), (ii), and (iii).
BSA Section/Subsection
61
IEA Section/Subsection
New
Subject
Electronic or digital record.
Summary of Comparison
“Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the 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 document.”
BSA Section/Subsection
62
IEA Section/Subsection
65A
Subject
Special provisions as to evidence relating to electronic record.
Summary of Comparison
No change.
BSA Section/Subsection
63
IEA Section/Subsection
65B
Subject
Admissibility of electronic records.
Summary of Comparison
Words "or semiconductor memory" "or any communication device or otherwise stored, recorded, or copied in any electronic form" is added in subsection (1). Words "communication device", "create" are added in subsection (2). In subsection (3), the word "computer" is replaced by "by means of one or more computers or communication devices," and new clauses (a) to (e) are added newly. In subsection (4), the words "that is to say" are replaced by "shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:". The words "or a communication device referred to in clauses (a) to (e) of sub-section (3)" are added to clause (b) of subsection (4), and in clause (c), the words "person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities" are replaced by "person in charge of the computer or communication device or the management of the relevant activities". The words "and an expert" and "in the certificate specified in the schedule" are added. Clause (b) of subsection (5) of IEA is excluded and now (c) corresponds to (b), where words "communication device" and "or by other electronic means as referred to in clauses (a) to (e) of sub- section (3)". are added.
BSA Section/Subsection
64
IEA Section/Subsection
66
Subject
Rules as to notice to produce.
Summary of Comparison
"attorney or pleader" is replaced by "advocate or representative".
BSA Section/Subsection
65
IEA Section/Subsection
67
Subject
Proof of signature and handwriting of person alleged to have signed or written document produced.
Summary of Comparison
No change.
BSA Section/Subsection
66
IEA Section/Subsection
67A
Subject
Proof as to electronic signature.
Summary of Comparison
No change.
BSA Section/Subsection
67
IEA Section/Subsection
68
Subject
Proof of execution of document required by law to be attested.
Summary of Comparison
No change.
BSA Section/Subsection
68
IEA Section/Subsection
69
Subject
Proof where no attesting witness found.
Summary of Comparison
Words "or if the document purports to have been executed in the United Kingdom" are excluded.
BSA Section/Subsection
69
IEA Section/Subsection
70
Subject
Admission of execution by party to attested document.
Summary of Comparison
No change.
BSA Section/Subsection
70
IEA Section/Subsection
71
Subject
Proof when attesting witness denies execution.
Summary of Comparison
No change.
BSA Section/Subsection
71
IEA Section/Subsection
72
Subject
Proof of document not required by law to be attested.
Summary of Comparison
No change.
BSA Section/Subsection
72
IEA Section/Subsection
73
Subject
Comparison of signature, writing or seal with others admitted or proved.
Summary of Comparison
Paragraph are numbered as Subsections (1), (2) and (3).
BSA Section/Subsection
73
IEA Section/Subsection
73A
Subject
Proof as to verification of digital signature.
Summary of Comparison
No change.
BSA Section/Subsection
74(1)
IEA Section/Subsection
74
Subject
Public and private documents.
Summary of Comparison
The words " and private" are added in the heading. The words "any part of" and "or of the commonwealth" are excluded.
BSA Section/Subsection
74(2)
IEA Section/Subsection
75
Subject
Public and private documents.
Summary of Comparison
The words "or Union territory" and "except the documents referred to in sub-section (1)" are added.
BSA Section/Subsection
75
IEA Section/Subsection
76
Subject
Certified copies of public documents.
Summary of Comparison
No change.
BSA Section/Subsection
76
IEA Section/Subsection
77
Subject
Proof of documents by production of certified copies.
Summary of Comparison
No change.
BSA Section/Subsection
77
IEA Section/Subsection
78
Subject
Proof of other official documents.
Summary of Comparison
The conditions' enumeration as (1) to (6) is changed to (a) to (f). The expressions "or of the Crown Representative", "or, as the case may be, of the Crown Representative;", "Her Majesty] or by the Privy Council, or by any department of Her Majesty’s Government" and "London Gazette, or purporting to be printed by the Queen’s Printer;" are excluded. The words "Ministries and" "or Union territory Administration", "Parliament or a State" and "President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;" are added.
BSA Section/Subsection
78
IEA Section/Subsection
79
Subject
Presumption as to genuineness of certified copies.
Summary of Comparison
The words "or by any officer [in the State of Jammu and Kashmir] who is duly authorised thereto by the Central Government:" are excluded and paragraph are numbered as subsections.
BSA Section/Subsection
79
IEA Section/Subsection
80
Subject
Presumption as to documents produced as record of evidence, etc.
Summary of Comparison
The word "that" is excluded and paragraph are numbered as clauses (i), (ii) and (iii).
BSA Section/Subsection
80
IEA Section/Subsection
81
Subject
Presumption as to Gazettes, newspapers, [private Acts of parliament] and other documents.
Summary of Comparison
" the London Gazette or any Official Gazette, or the Government Gazette of any colony, dependency or possession of the British Crown, or to be a newspaper or journal or to be a copy of a private Act of Parliament of the United Kingdom printed by the Queen’s Printer" are replaced by "the Official Gazette". A new explanation is added regarding proper custody.
BSA Section/Subsection
81
IEA Section/Subsection
81A
Subject
Presumption as to Gazettes in electronic or digital record.
Summary of Comparison
A new explanation is added regarding proper custody of electronic document. Its phraseology is similar to the new explanation added in the preceding section.
BSA Section/Subsection
82
IEA Section/Subsection
83
Subject
Presumption as to maps or plans made by authority of Government.
Summary of Comparison
No change.
BSA Section/Subsection
83
IEA Section/Subsection
84
Subject
Presumption as to collections of laws and reports of decisions.
Summary of Comparison
No change.
BSA Section/Subsection
84
IEA Section/Subsection
85
Subject
Presumption as to powers-of-attorney.
Summary of Comparison
No change.
BSA Section/Subsection
85
IEA Section/Subsection
85A
Subject
Presumption as to electronic agreements.
Summary of Comparison
The words "or digitals" are added.
BSA Section/Subsection
86
IEA Section/Subsection
85B
Subject
Presumption as to electronic records and electronic signatures.
Summary of Comparison
No change.
BSA Section/Subsection
87
IEA Section/Subsection
85C
Subject
Presumption as to Electronic Signature Certificates.
Summary of Comparison
No change.
BSA Section/Subsection
88
IEA Section/Subsection
86
Subject
Presumption as to certified copies of foreign judicial records.
Summary of Comparison
"any country not forming part of India or of Her Majesty’s Dominions" is replaced by "beyond India".
BSA Section/Subsection
89
IEA Section/Subsection
87
Subject
Presumption as to books, maps and charts.
Summary of Comparison
No change.
BSA Section/Subsection
90
IEA Section/Subsection
88A
Subject
Presumption as to electronic messages.
Summary of Comparison
Explanation excluded.
BSA Section/Subsection
91
IEA Section/Subsection
89
Subject
Presumption as to due execution, etc., of documents not produced.
Summary of Comparison
No change.
BSA Section/Subsection
92
IEA Section/Subsection
90
Subject
Presumption as to documents thirty years old.
Summary of Comparison
A new explanation same as of section 80 is added. In illustration "is" is replaced by "shall be".
BSA Section/Subsection
93
IEA Section/Subsection
90A
Subject
Presumption as to electronic records five years old.
Summary of Comparison
A new explanation same as of section 81 is added.
BSA Section/Subsection
94
IEA Section/Subsection
91
Subject
Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
Summary of Comparison
No change.
BSA Section/Subsection
95
IEA Section/Subsection
92
Subject
Exclusion of evidence of oral agreement.
Summary of Comparison
The words "to the last section" are replaced by section number "94" Instead of writing "Proviso 1" "Proviso 2" etc. "Provided that", Provided further that" etc. are used while writing proviso in this section. In illustrations, " Calcutta" and "London" are replaced by "Kolkata" and "Visakhapatnam", "2023" is used in place of "1978" and "thirty thousand" and "ten thousand" in place of "500" and "200" to make it contemporary.
BSA Section/Subsection
96
IEA Section/Subsection
93
Subject
Exclusion of evidence to explain or amend ambiguous document.
Summary of Comparison
In illustrations, "Rs. 1000" and "Rs. 1500" are replaced by "one lakh rupees" "one lakh fifty thousand rupees" respectively.
BSA Section/Subsection
97
IEA Section/Subsection
94
Subject
Exclusion of evidence against application of document to existing facts.
Summary of Comparison
No change.
BSA Section/Subsection
98
IEA Section/Subsection
95
Subject
Evidence as to document unmeaning in reference to existing facts.
Summary of Comparison
In illustrations, " Calcutta" is replaced by "Kolkata".
BSA Section/Subsection
99
IEA Section/Subsection
96
Subject
Evidence as to application of language which can apply to one only of several persons.
Summary of Comparison
In illustrations, "Haidarabad", "Haidarabad in Dekkan" and "Haidarabad in sindh" are replaced by "Ramgarh" , "Ramgarh in Rajasthan" and "Ramgarh in Uttarakhand" respectively.
BSA Section/Subsection
100
IEA Section/Subsection
97
Subject
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
Summary of Comparison
No change.
BSA Section/Subsection
101
IEA Section/Subsection
98
Subject
Evidence as to meaning of illegible characters, etc.
Summary of Comparison
The word "provincial" is replaced by "regional".
BSA Section/Subsection
102
IEA Section/Subsection
99
Subject
Who may give evidence of agreement varying terms of document.
Summary of Comparison
No change.
BSA Section/Subsection
103
IEA Section/Subsection
100
Subject
Saving of provisions of Indian Succession Act relating to wills.
Summary of Comparison
The words "the Indian Succession Act, (10 of 1865)" are replaced by "the Indian Succession Act, 1925 (39 of 1925)".
BSA Section/Subsection
104
IEA Section/Subsection
101
Subject
Burden of proof.
Summary of Comparison
No change.
BSA Section/Subsection
105
IEA Section/Subsection
102
Subject
On whom burden of proof lies.
Summary of Comparison
No change.
BSA Section/Subsection
106
IEA Section/Subsection
103
Subject
Burden of proof as to particular fact.
Summary of Comparison
No change.
BSA Section/Subsection
107
IEA Section/Subsection
104
Subject
Burden of proving fact to be proved to make evidence admissible.
Summary of Comparison
No change.
BSA Section/Subsection
108
IEA Section/Subsection
105
Subject
Burden of proving that case of accused comes within exceptions.
Summary of Comparison
The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
BSA Section/Subsection
109
IEA Section/Subsection
106
Subject
Burden of proving fact especially within knowledge.
Summary of Comparison
No change.
BSA Section/Subsection
110
IEA Section/Subsection
107
Subject
Burden of proving death of person known to have been alive within thirty years.
Summary of Comparison
No change.
BSA Section/Subsection
111
IEA Section/Subsection
108
Subject
Burden of proving that person is alive who has not been heard of for seven years.
Summary of Comparison
The words "Provided that" are excluded.
BSA Section/Subsection
112
IEA Section/Subsection
109
Subject
Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.
Summary of Comparison
No change.
BSA Section/Subsection
113
IEA Section/Subsection
110
Subject
Burden of proof as to ownership.
Summary of Comparison
No change.
BSA Section/Subsection
114
IEA Section/Subsection
111
Subject
Proof of good faith in transactions where one party is in relation of active confidence.
Summary of Comparison
The word "attorney" is replaced by "advocate".
BSA Section/Subsection
115
IEA Section/Subsection
111A
Subject
Presumption as to certain offences.
Summary of Comparison
IPC sections are replaced by corresponding BNS sections.
BSA Section/Subsection
116
IEA Section/Subsection
112
Subject
Birth during marriage, conclusive proof of legitimacy.
Summary of Comparison
"son" is replaced by "child" thus made gender neutral.
BSA Section/Subsection
117
IEA Section/Subsection
113A
Subject
Presumption as to abetment of suicide by a married woman.
Summary of Comparison
The words "section 498A of the Indian Penal Code (45 of 1860)" are replaced by "section 86 of the Bharatiya Nyaya Sanhita, 2023" in the explanation.
BSA Section/Subsection
118
IEA Section/Subsection
113B
Subject
Presumption as to dowry death.
Summary of Comparison
The words "section 304B of the Indian Penal Code (45 of 1860)" are replaced by "section 80 of the Bharatiya Nyaya Sanhita, 2023" in explanation.
BSA Section/Subsection
119
IEA Section/Subsection
114
Subject
Court may presume existence of certain facts.
Summary of Comparison
Paragraph are numbered as subsections (1) and (2), and illustrations to subsection (2) are numbered from (i) to (x).
BSA Section/Subsection
120
IEA Section/Subsection
114A
Subject
Presumption as to absence of consent in certain prosecution for rape.
Summary of Comparison
IPC sections are replaced by corresponding BNS sections.
BSA Section/Subsection
121
IEA Section/Subsection
115
Subject
Estoppel.
Summary of Comparison
No change.
BSA Section/Subsection
122
IEA Section/Subsection
116
Subject
Estoppel of tenant and of licensee of person in possession.
Summary of Comparison
The words "or any time thereafter" are added.
BSA Section/Subsection
123
IEA Section/Subsection
117
Subject
Estoppel of acceptor of bill of exchange, bailee or licensee.
Summary of Comparison
No change.
BSA Section/Subsection
124
IEA Section/Subsection
118
Subject
Who may testify.
Summary of Comparison
The word "Lunatic" is replaced by "A person of unsound mind".
BSA Section/Subsection
125
IEA Section/Subsection
119
Subject
Witness unable to communicate verbally.
Summary of Comparison
No change.
BSA Section/Subsection
126
IEA Section/Subsection
120
Subject
Competency of husband and wife as witnesses in certain cases.
Summary of Comparison
Heading "Parties to civil suit, and their wives or husbands. Husband or wife of a person under criminal trial" is replaced by "Competency of husband and wife as witnesses in certain cases". Paragraphs are numbered as subsections (1) and (2),
BSA Section/Subsection
127
IEA Section/Subsection
121
Subject
Judges and Magistrates.
Summary of Comparison
No change.
BSA Section/Subsection
128
IEA Section/Subsection
122
Subject
Communications during marriage.
Summary of Comparison
No change.
BSA Section/Subsection
129
IEA Section/Subsection
123
Subject
Evidence as to affairs of State.
Summary of Comparison
No change.
BSA Section/Subsection
130
IEA Section/Subsection
124
Subject
Official communications.
Summary of Comparison
No change.
BSA Section/Subsection
131
IEA Section/Subsection
125
Subject
Information as to commission of offences.
Summary of Comparison
No change.
BSA Section/Subsection
132(1) &(2)
IEA Section/Subsection
126
Subject
Professional communications.
Summary of Comparison
The words "barrister, attorney, pleader or vakil" are replaced by "advocate". Word "employment" is replaced by "service". In sub-section (2) words "referred to in the proviso to sub-section (1)" are added.
BSA Section/Subsection
132(3)
IEA Section/Subsection
127
Subject
Professional communications to apply interpreters, etc".
Summary of Comparison
Section127 of IEA is added as subsection (3) in which the words "or servants of barristers, pleaders, attorneys and vakils" are replaced by "or employees of advocates".
BSA Section/Subsection
133
IEA Section/Subsection
128
Subject
Privilege not waived by volunteering evidence.
Summary of Comparison
Words "barrister, attorney, pleader or vakil" are replaced by "advocate".
BSA Section/Subsection
134
IEA Section/Subsection
129
Subject
Confidential communication with legal advisers.
Summary of Comparison
Words "legal professional adviser" are replaced by "legal adviser".
BSA Section/Subsection
135
IEA Section/Subsection
130
Subject
Production of title-deeds of witness not a party.
Summary of Comparison
No change.
BSA Section/Subsection
136
IEA Section/Subsection
131
Subject
Production of documents or electronic records which another person, having possession, could refuse to produce.
Summary of Comparison
No change.
BSA Section/Subsection
137
IEA Section/Subsection
132
Subject
Witness not excused from answering on ground that answer will criminate.
Summary of Comparison
Word "Proviso" is excluded.
BSA Section/Subsection
138
IEA Section/Subsection
133
Subject
Accomplice.
Summary of Comparison
Words "merely because" are replaced by "if".
BSA Section/Subsection
139
IEA Section/Subsection
134
Subject
Number of witnesses.
Summary of Comparison
No change.
BSA Section/Subsection
140
IEA Section/Subsection
135
Subject
Order of production and examination of witnesses.
Summary of Comparison
No change.
BSA Section/Subsection
141
IEA Section/Subsection
136
Subject
Judge to decide as to admissibility of evidence.
Summary of Comparison
Paragraph are numbered as subsections (1), (2) and (3).
BSA Section/Subsection
142
IEA Section/Subsection
137
Subject
Examination of witnesses.
Summary of Comparison
Paragraphs are numbered as subsections (1), (2) and (3), and headings of paragraph are excluded.
BSA Section/Subsection
143
IEA Section/Subsection
138
Subject
Order of examinations.
Summary of Comparison
Paragraph are numbered as subsections (1), (2) and (3), and word "in-chief" included. The words in paragraph heading "Direction of re-examination" are excluded.
BSA Section/Subsection
144
IEA Section/Subsection
139
Subject
Cross- examination of person called to produce a document.
Summary of Comparison
No change.
BSA Section/Subsection
145
IEA Section/Subsection
140
Subject
Witnesses to character.
Summary of Comparison
No change.
BSA Section/Subsection
146(1)
IEA Section/Subsection
141
Subject
Leading questions.
Summary of Comparison
Section 141 IEA is included as subsection (1) of 146 BSA.
BSA Section/Subsection
146(2) &(3)
IEA Section/Subsection
142
Subject
When they (leading) must not be asked.
Summary of Comparison
Section 142 IEA is included as subsection (2) and (3) of 146 BSA.
BSA Section/Subsection
146(4)
IEA Section/Subsection
143
Subject
When they (leading) may be asked.
Summary of Comparison
Section 143 IEA is included as subsection (4) of 146 BSA.
BSA Section/Subsection
147
IEA Section/Subsection
144
Subject
Evidence as to matters in writing.
Summary of Comparison
No change.
BSA Section/Subsection
148
IEA Section/Subsection
145
Subject
Cross- examination as to previous statements in writing.
Summary of Comparison
No change.
BSA Section/Subsection
149
IEA Section/Subsection
146
Subject
Questions lawful in cross-examination.
Summary of Comparison
Numbers (1), (2) and (3) are replaced by (a), (b) and (c ). IPC sections are replaced by corresponding BNS sections.
BSA Section/Subsection
150
IEA Section/Subsection
147
Subject
When witness to be compelled to answer.
Summary of Comparison
No change.
BSA Section/Subsection
151
IEA Section/Subsection
148
Subject
Court to decide when question shall be asked and when witness compelled to answer.
Summary of Comparison
Word "namely" is added in its subsection (2).
BSA Section/Subsection
152
IEA Section/Subsection
149
Subject
Question not to be asked without reasonable grounds.
Summary of Comparison
In illustrations, the words "barrister", "an attorney or vakil", "dakait" and "A pleader" are replaced by words "advocate", "another advocate", "dacoit" and "a advocate" respectively.
BSA Section/Subsection
153
IEA Section/Subsection
150
Subject
Procedure of Court in case of question being asked without reasonable grounds.
Summary of Comparison
Word "barrister, attorney, pleader or vakil" are replaced by "advocate".
BSA Section/Subsection
154
IEA Section/Subsection
151
Subject
Indecent and scandalous questions.
Summary of Comparison
No change.
BSA Section/Subsection
155
IEA Section/Subsection
152
Subject
Questions intended to insult or annoy.
Summary of Comparison
No change.
BSA Section/Subsection
156
IEA Section/Subsection
153
Subject
Exclusion of evidence to contradict answers to questions testing veracity.
Summary of Comparison
"Lahore" and Calcutta" are replaced by "Goa" and "Varanasi" respectively.
BSA Section/Subsection
157
IEA Section/Subsection
154
Subject
Question by party to his own witness.
Summary of Comparison
No change.
BSA Section/Subsection
158
IEA Section/Subsection
155
Subject
Impeaching credit of witness.
Summary of Comparison
Numbers (1), (2) and (3) are replaced by (a), (b) and (c). Word "indicted" is replaced by "accused".
BSA Section/Subsection
159
IEA Section/Subsection
156
Subject
Questions tending to corroborate evidence of relevant fact, admissible.
Summary of Comparison
No change.
BSA Section/Subsection
160
IEA Section/Subsection
157
Subject
Former statements of witness may be proved to corroborate later testimony as to same fact.
Summary of Comparison
No change.
BSA Section/Subsection
161
IEA Section/Subsection
158
Subject
What matters may be proved in connection with proved statement relevant under section 26 or 27. [ section 32 or 33].
Summary of Comparison
No change.
BSA Section/Subsection
162
IEA Section/Subsection
159
Subject
Refreshing memory.
Summary of Comparison
Paragraphs are numbered as subsections (1) and (2). Sub-heading words "When witness may use copy of document to refresh memory" are excluded from subsection (2). Words "Provided that" and "Provided further that" are added in provisos.
BSA Section/Subsection
163
IEA Section/Subsection
160
Subject
Testimony to facts stated in document mentioned in section 162[159].
Summary of Comparison
No change.
BSA Section/Subsection
164
IEA Section/Subsection
161
Subject
Right of adverse party as to writing used to refresh memory.
Summary of Comparison
Word "must" is replaced by "shall".
BSA Section/Subsection
165
IEA Section/Subsection
162
Subject
Production of documents.
Summary of Comparison
Paragraphs are numbered as subsections (1), (2) and (3)."Provided that" is added in proviso. New proviso is added to the subsection (3).
BSA Section/Subsection
166
IEA Section/Subsection
163
Subject
Giving, as evidence, of document called for and produced on notice.
Summary of Comparison
No change.
BSA Section/Subsection
167
IEA Section/Subsection
164
Subject
Using, as evidence, of document production of which was refused on notice.
Summary of Comparison
No change.
BSA Section/Subsection
168
IEA Section/Subsection
165
Subject
Judge's power to put questions or order production.
Summary of Comparison
Words "proper", "please" and "relevant or irrelevant" are excluded. Word "agents" is replaced by "representatives".
BSA Section/Subsection
169
IEA Section/Subsection
167
Subject
No new trial for improper admission or rejection of evidence.
Summary of Comparison
No change.
BSA Section/Subsection
170
IEA Section/Subsection
New
Subject
Repeal and savings.
Summary of Comparison
Newly added.