IEA to BSA: section-by-section correspondence

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024. Find an IEA section below to see the BSA section that corresponds to it. Each number links to the section text and the judgments citing it.

IEA	BSA	Subject	Change
1	1	Short title, application and commencement.
3	2	Definitions.
3, 1	2(1)(a)	"Court".	No change
3, 8	2(1)(c)	"disproved".
3, 5	2(1)(d)	"document".
3, 6	2(1)(e)	"evidence".
3, 2	2(1)(f)	"fact".
3, 4	2(1)(g)	"facts in issue".	No change
3, 9	2(1)(i)	"not proved".	No change
3, 7	2(1)(j)	"proved".	No change
3	2(1)(k)	"relevant".	No change
4, 3	2(1)(b)	"conclusive proof".
4, 1	2(1)(h)	"may presume".	No change
4, 2	2(1)(l)	"shall presume".	No change
6	4	Relevancy of facts forming part of same transaction.	No change
7	5	Facts which are occasion, cause or effect of facts in issue or relevant facts.
8	6	Motive, preparation and previous or subsequent conduct.
9	7	Facts necessary to explain or introduce fact in issue or relevant facts.
10	8	Things said or done by conspirator in reference to common design.
11	9	When facts not otherwise relevant become relevant.
12	10	Facts tending to enable Court to determine amount are relevant in suits for damages.
13	11	Facts relevant when right or custom is in question.	No change
14	12	Facts showing existence of state of mind, or of body or bodily feeling.
15	13	Facts bearing on question whether act was accidental or intentional.
16	14	Existence of course of business when relevant.	No change
17	15	Admission defined.	No change
18	16	Admission by party to proceeding or his agent.
19	17	Admissions by persons whose position must be proved as against party to suit.	No change
20	18	Admissions by persons expressly referred to by party to suit.	No change
21	19	Proof of admissions against persons making them, and by or on their behalf.
22	20	When oral admissions as to contents of documents are relevant.	No change
24	22(1)	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.
25	23(1)	Confession to police officer.
26	23(2)	Confession by accused while in custody of police not to be proved against him.
27	Proviso to section 23	How much of information received from accused may be proved.
28	First proviso to section 22	Confession made after removal of impression caused by inducement, threat or promise, relevant.
29	Second proviso to section 22	Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30	24	Consideration of proved confession affecting person making it and others jointly under trial for same offence.
31	25	Admissions not conclusive proof, but may estop.	No change
32	26	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
33	27	Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
34	28	Entries in books of account when relevant.
36	30	Relevancy of statements in maps, charts and plans.	No change
37	31	Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
38	32	Relevancy of statements as to any law contained in law books including electronic or digital form.
39	33	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.	No change
40	34	Previous judgments relevant to bar a second suit or trial.	No change
41	35	Relevancy of certain judgments in probate, etc., jurisdiction.
42	36	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section35[41 IEA].	No change
43	37	Judgments, etc., other than those mentioned in sections 34, 35 and 36 [40to 42 IEA] when relevant.	No change
44	38	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.	No change
45	39(1)	Opinions of experts.
46	40	Facts bearing upon opinions of experts.	No change
47	41(1)	Opinion as to handwriting and signature, when relevant.
47A	41(2)	Opinion as to electronic signature, when relevant.
48	42	Opinion as to existence of general custom or right, when relevant.	No change
49	43	Opinion as to usages, tenets, etc., when relevant.
50	44	Opinion on relationship, when relevant.	No change
51	45	Grounds of opinion, when relevant.	No change
52	46	In civil cases character to prove conduct imputed, irrelevant.	No change
53	47	In criminal cases previous good character relevant.	No change
53A	48	Evidence of character or previous sexual experience not relevant in certain cases.	No change
54	49	Previous bad character not relevant, except in reply.	No change
55	50	Character as affecting damages.	No change
56	51	Fact judicially noticeable need not be proved.	No change
57	52	Facts of which Court shall take judicial notice.
58	53	Facts admitted need not be proved.	No change
59	54	Proof of facts by oral evidence.
60	55	Oral evidence to be direct.
61	56	Proof of contents of documents.	No change
62	57	Primary evidence.
63	58	Secondary evidence.
65	60	Cases in which secondary evidence relating to documents may be given.
65A	62	Special provisions as to evidence relating to electronic record.	No change
65B	63	Admissibility of electronic records.
66	64	Rules as to notice to produce.
67	65	Proof of signature and handwriting of person alleged to have signed or written document produced.	No change
67A	66	Proof as to electronic signature.	No change
69	68	Proof where no attesting witness found.
70	69	Admission of execution by party to attested document.	No change
71	70	Proof when attesting witness denies execution.	No change
72	71	Proof of document not required by law to be attested.	No change
73	72	Comparison of signature, writing or seal with others admitted or proved.
73A	73	Proof as to verification of digital signature.	No change
74	74(1)	Public and private documents.
75	74(2)	Public and private documents.
76	75	Certified copies of public documents.	No change
77	76	Proof of documents by production of certified copies.	No change
78	77	Proof of other official documents.
79	78	Presumption as to genuineness of certified copies.
80	79	Presumption as to documents produced as record of evidence, etc.
81A	81	Presumption as to Gazettes in electronic or digital record.
83	82	Presumption as to maps or plans made by authority of Government.	No change
84	83	Presumption as to collections of laws and reports of decisions.	No change
85	84	Presumption as to powers-of- attorney.	No change
85A	85	Presumption as to electronic agreements.
85B	86	Presumption as to electronic records and electronic signatures.	No change
85C	87	Presumption as to Electronic Signature Certificates.	No change
86	88	Presumption as to certified copies of foreign judicial records.
87	89	Presumption as to books, maps and charts.	No change
88A	90	Presumption as to electronic messages.
89	91	Presumption as to due execution, etc., of documents not produced.	No change
90	92	Presumption as to documents thirty years old.
90A	93	Presumption as to electronic records five years old.
91	94	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.	No change
92	95	Exclusion of evidence of oral agreement.
93	96	Exclusion of evidence to explain or amend ambiguous document.
94	97	Exclusion of evidence against application of document to existing facts.	No change
95	98	Evidence as to document unmeaning in reference to existing facts.
96	99	Evidence as to application of language which can apply to one only of several persons.
97	100	Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.	No change
98	101	Evidence as to meaning of illegible characters, etc.
99	102	Who may give evidence of agreement varying terms of document.	No change
100	103	Saving of provisions of Indian Succession Act relating to wills.
101	104	Burden of proof.	No change
102	105	On whom burden of proof lies.	No change
103	106	Burden of proof as to particular fact.	No change
104	107	Burden of proving fact to be proved to make evidence admissible.	No change
105	108	Burden of proving that case of accused comes within exceptions.
106	109	Burden of proving fact especially within knowledge.	No change
107	110	Burden of proving death of person known to have been alive within thirty years.	No change
109	112	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.	No change
110	113	Burden of proof as to ownership.	No change
111	114	Proof of good faith in transactions where one party is in relation of active confidence.
111A	115	Presumption as to certain offences.
112	116	Birth during marriage, conclusive proof of legitimacy.
113A	117	Presumption as to abetment of suicide by a married woman.
113B	118	Presumption as to dowry death.
114	119	Court may presume existence of certain facts.
114A	120	Presumption as to absence of consent in certain prosecution for rape.
115	121	Estoppel.	No change
116	122	Estoppel of tenant and of licensee of person in possession.
117	123	Estoppel of acceptor of bill of exchange, bailee or licensee.	No change
118	124	Who may testify.
119	125	Witness unable to communicate verbally.
120	126	Competency of husband and wife as witnesses in certain cases.
121	127	Judges and Magistrates.	No change
122	128	Communications during marriage.	No change
123	129	Evidence as to affairs of State.	No change
124	130	Official communications.	No change
125	131	Information as to commission of offences.	No change
127	132(3)	Professional communications to apply interpreters, etc".
128	133	Privilege not waived by volunteering evidence.
129	134	Confidential communication with legal advisers.
130	135	Production of title-deeds of witness not a party.	No change
131	136	Production of documents or electronic records which another person, having possession, could refuse to produce.	No change
132	137	Witness not excused from answering on ground that answer will criminate.
133	138	Accomplice.
134	139	Number of witnesses.	No change
135	140	Order of production and examination of witnesses.	No change
136	141	Judge to decide as to admissibility of evidence.
137	142	Examination of witnesses.
138	143	Order of examinations.
139	144	Cross- examination of person called to produce a document.	No change
140	145	Witnesses to character.	No change
141	146(1)	Leading questions.
142	146(2) &(3)	When they (leading) must not be asked.
143	146(4)	When they (leading) may be asked.
144	147	Evidence as to matters in writing.	No change
145	148	Cross- examination as to previous statements in writing.	No change
147	150	When witness to be compelled to answer.	No change
148	151	Court to decide when question shall be asked and when witness compelled to answer.
149	152	Question not to be asked without reasonable grounds.
150	153	Procedure of Court in case of question being asked without reasonable grounds.
151	154	Indecent and scandalous questions.	No change
152	155	Questions intended to insult or annoy.	No change
153	156	Exclusion of evidence to contradict answers to questions testing veracity.
154	157	Question by party to his own witness.	No change
155	158	Impeaching credit of witness.
156	159	Questions tending to corroborate evidence of relevant fact, admissible.	No change
157	160	Former statements of witness may be proved to corroborate later testimony as to same fact.	No change
158	161	What matters may be proved in connection with proved statement relevant under section 26 or 27. [ section 32 or 33].	No change
159	162	Refreshing memory.
160	163	Testimony to facts stated in document mentioned in section 162[159].	No change
161	164	Right of adverse party as to writing used to refresh memory.
163	166	Giving, as evidence, of document called for and produced on notice.	No change
164	167	Using, as evidence, of document production of which was refused on notice.	No change
165	168	Judge's power to put questions or order production.
167	169	No new trial for improper admission or rejection of evidence.	No change
New in BSA	170	Repeal and savings.
New in BSA	2(2)	Words and expressions.
New in BSA	61	Electronic or digital record.

Source: correspondence table and comparison summary published by the Bureau of Police Research & Development (Ministry of Home Affairs). "No change" marks sections the table records as carried over unchanged.