Indian Evidence Act (IEA) to Bharatiya Sakshya Adhiniyam (BSA) Section Mapping — Complete Conversion Table

Master mapping table IEA ↔ BSA Evidence Act to BSABharatiya Sakshya AdhiniyamIndian Evidence Actevidence law reform
Change statistics
113
identical
22
minor edit
18
modified
9
expanded
0
narrowed
6
new provision
5
abolished
14
merged
2
split
Veritect
Veritect Legal Intelligence
Legal Intelligence Agent
32 min read

The Indian Evidence Act, 1872 (IEA) was replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) with effect from 1 July 2024. The BSA modernises evidentiary law by expanding from 167 sections to 170 sections, with substantial changes to the treatment of electronic and digital evidence, restructured definitions, enhanced provisions for expert testimony on electronic records, and recognition of electronic and digital documents as primary evidence. All proceedings and evidence recorded before 1 July 2024 continue to be governed by the IEA; evidence in proceedings commenced on or after that date falls under the BSA.

Key Statistics

Metric Count
Total IEA sections 167
Total BSA sections 170
Sections substantially identical ~113
Sections with minor edits ~22
Sections modified (substantive change) ~18
Sections expanded (broader scope) ~9
New provisions (no IEA equivalent) ~6
IEA sections abolished ~5
IEA sections merged ~14
IEA sections split ~2

Complete IEA to BSA Section Mapping Table

Part I — Relevancy of Facts

Chapter I — Preliminary (IEA Sections 1-4; BSA Sections 1-3)

IEA Section IEA Title BSA Section BSA Title Change Type
1 Short title, extent and commencement 1 Short title, extent and commencement modified. BSA omits specific territorial specification; applicability broadened for cross-border digital evidence
2 Repeal of enactments — — abolished. Transitional provision no longer needed
3 Interpretation clause (Definitions) 2 Definitions modified. Definitions restructured into individual alphabetical clauses under Section 2(1); "document" explicitly includes electronic and digital records from the outset; "evidence" includes statements given electronically
4 May presume / Shall presume / Conclusive proof 3 Interpretation clause minor-edit. Retained; reference updated
5 Evidence may be given of facts in issue and relevant facts 4 Evidence may be given of facts in issue and relevant facts identical

Chapter II — Of the Relevancy of Facts (IEA Sections 5-55; BSA Sections 4-56)

IEA Section IEA Title BSA Section BSA Title Change Type
5 Evidence may be given of facts in issue and relevant facts 4 Evidence may be given of facts in issue and relevant facts identical
6 Relevancy of facts forming part of same transaction (Res Gestae) 5 Relevancy of facts forming part of same transaction identical
7 Facts which are the occasion, cause or effect of facts in issue 6 Facts which are occasion, cause or effect of facts in issue minor-edit
8 Motive, preparation and previous or subsequent conduct 7 Motive, preparation and previous or subsequent conduct identical
9 Facts necessary to explain or introduce relevant facts 8 Facts necessary to explain or introduce relevant facts identical
10 Things said or done by conspirator in reference to common design 9 Things said or done by conspirator in reference to common design identical
11 When facts not otherwise relevant become relevant 10 When facts not otherwise relevant become relevant identical
12 In suits for damages, facts tending to enable Court to determine amount are relevant 11 In suits for damages, facts tending to enable Court to determine amount identical
13 Facts relevant when right or custom is in question 12 Facts relevant when right or custom is in question identical
14 Facts showing existence of state of mind, or of body, or bodily feeling 13 Facts showing existence of state of mind or body or bodily feeling identical
15 Facts bearing on question whether act was accidental or intentional 14 Facts bearing on question whether act was accidental or intentional identical
16 Existence of course of business when relevant 15 Existence of course of business when relevant identical

Admissions (IEA Sections 17-23; BSA Sections 16-23)

IEA Section IEA Title BSA Section BSA Title Change Type
17 Admission defined 16 Admission defined identical
18 Admission by party to proceeding or his agent 17 Admission by party to proceeding or his agent identical
19 Admissions by persons whose position must be proved as against party to suit 18 Admissions by persons whose position must be proved identical
20 Admissions by persons expressly referred to by party to suit 19 Admissions by persons expressly referred to by party identical
21 Proof of admissions against persons making them, and by or on their behalf 20 Proof of admissions against persons making them identical
22 When oral admissions as to contents of documents are relevant 21 When oral admissions as to contents of documents are relevant identical
22A When oral admission as to contents of electronic records are relevant 22 When oral admissions as to contents of electronic records are relevant identical
23 Admissions in civil cases when relevant 23 Admissions in civil cases when relevant identical

Confessions (IEA Sections 24-30; BSA Sections 22-30)

IEA Section IEA Title BSA Section BSA Title Change Type
24 Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding 22 Confession caused by inducement, threat or promise when irrelevant modified. Adds "coercion" as explicit ground; clarifies timing
25 Confession to police officer not to be proved 23(1) Confession to police officer not to be proved merged. Sections 25-26 consolidated into single provision with sub-sections
26 Confession by accused while in custody of police not to be proved against him 23(1) (Merged with confession to police) merged
27 How much of information received from accused may be proved 23(2) How much of information received from accused may be proved modified. Structured as proviso to confession bar
28 Confession made after removal of impression caused by inducement, threat or promise, relevant 25 Confession made after removal of impression caused by inducement minor-edit
29 Confession otherwise relevant not to become irrelevant because of promise of secrecy 26 Confession not irrelevant because of promise of secrecy identical
30 Consideration of proved confession affecting person making it and others jointly under trial for same offence 24 Consideration of proved confession modified. Adds Explanation II regarding absconded accused under BNSS

Statements by Persons Who Cannot Be Called as Witnesses (IEA Sections 32-33; BSA Sections 26-27)

IEA Section IEA Title BSA Section BSA Title Change Type
31 Admissions not conclusive proof, but may estop 27 Admissions not conclusive proof but may estop identical
32 Cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant 26 Cases in which statement of relevant fact by person who is dead or cannot be found is relevant minor-edit
32(1) Dying declaration 26(a) Dying declaration identical
33 Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated 27 Relevancy of certain evidence for proving truth in subsequent proceeding identical

Statements Made Under Special Circumstances (IEA Sections 34-39; BSA Sections 28-33)

IEA Section IEA Title BSA Section BSA Title Change Type
34 Entries in books of account when relevant 28 Entries in books of account including those maintained in electronic form, when relevant expanded. Explicitly includes electronic accounting records
35 Relevancy of entry in public record made in performance of duty 29 Relevancy of entry in public record or electronic record made in performance of duty expanded. Adds electronic public records
36 Relevancy of statements in maps, charts and plans 30 Relevancy of statements in maps, charts and plans identical
37 Relevancy of statement as to fact of public nature, contained in certain Acts or notifications 31 Relevancy of statement as to fact of public nature minor-edit. Removes reference to UK Acts
38 Relevancy of statements as to any law contained in law books 32 Relevancy of statements as to law in law books modified. Recognises digital and electronic forms of law books
39 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers 33 What evidence to be given when statement forms part of conversation, document, electronic record, book or series identical

Judgments (IEA Sections 40-44; BSA Sections 34-38)

IEA Section IEA Title BSA Section BSA Title Change Type
40 Previous judgments relevant to bar a second suit or trial 34 Previous judgments relevant to bar second suit or trial identical
41 Relevancy of certain judgments in probate, etc. jurisdiction 35 Relevancy of certain judgments in probate etc. jurisdiction minor-edit
42 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41 36 Relevancy and effect of judgments, orders or decrees other than those in section 35 minor-edit
43 Judgments, etc., other than those mentioned in sections 40 to 42 when relevant 37 Judgments other than those mentioned in sections 34 to 36 when relevant minor-edit
44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved identical

Opinions of Third Persons (IEA Sections 45-51; BSA Sections 39-47)

IEA Section IEA Title BSA Section BSA Title Change Type
45 Opinions of experts 39 Opinions of experts modified. Expressly includes digital forensics and cyber security experts
45A Opinion of Examiner of Electronic Evidence 40 Opinion of Examiner of Electronic Evidence identical
46 Facts bearing upon opinions of experts 41 Facts bearing upon opinions of experts identical
47 Opinion as to handwriting, when relevant 42 Opinion as to handwriting when relevant identical
47A Opinion as to digital signature when relevant 43 Opinion as to digital signature when relevant identical
48 Opinion as to existence of right or custom, when relevant 44 Opinion as to existence of right or custom when relevant identical
49 Opinions as to usages, tenets, etc., when relevant 45 Opinions as to usages, tenets when relevant identical
50 Opinion on relationship when relevant 46 Opinion on relationship when relevant identical
51 Grounds of opinion when relevant 47 Grounds of opinion when relevant identical

Character (IEA Sections 52-55; BSA Sections 48-50)

IEA Section IEA Title BSA Section BSA Title Change Type
52 In civil cases character to prove conduct imputed, irrelevant 48 In civil cases character to prove conduct imputed, irrelevant identical
53 In criminal cases, previous good character relevant 49 In criminal cases, previous good character relevant identical
54 Previous bad character not relevant except in reply 50 Previous bad character not relevant except in reply identical
55 Character as affecting damages — — abolished. Merged with general relevancy principles

Part II — On Proof

Chapter III — Facts Which Need Not Be Proved (IEA Sections 56-58; BSA Sections 51-54)

IEA Section IEA Title BSA Section BSA Title Change Type
56 Fact judicially noticeable need not be proved 51 Fact judicially noticeable need not be proved identical
57 Facts of which Court must take judicial notice 52 Facts of which Court must take judicial notice modified. Updated to remove colonial-era references; tailored to current contexts
58 Facts admitted need not be proved 53 Facts admitted need not be proved identical

Chapter IV — Oral Evidence (IEA Sections 59-60; BSA Sections 54-55)

IEA Section IEA Title BSA Section BSA Title Change Type
59 Proof of facts by oral evidence 54 Proof of facts by oral evidence identical
60 Oral evidence must be direct 55 Oral evidence must be direct modified. Includes information stored, recorded or copied in electronic or digital form

Chapter V — Documentary Evidence (IEA Sections 61-90A; BSA Sections 56-101)

IEA Section IEA Title BSA Section BSA Title Change Type
61 Proof of contents of documents 56 Proof of contents of documents identical
62 Primary evidence 57 Primary evidence expanded. Four new explanations added; detailed provisions for electronic/digital records as primary evidence; includes video recordings, server logs
63 Secondary evidence 58 Secondary evidence expanded. Adds oral admissions, written admissions, evidence from document examiners as forms of secondary evidence
64 Proof of documents by primary evidence 59 Proof of documents by primary evidence identical
65 Cases in which secondary evidence relating to documents may be given 60 Cases in which secondary evidence relating to documents may be given modified. References updated to BSA section numbers
65A Special provisions as to evidence relating to electronic record 61 Special provisions as to evidence relating to electronic record identical
65B Admissibility of electronic records 63 Admissibility of electronic records modified. Elaborate scenarios for evidence from multiple computers/devices treated as single source; mandatory certification process updated with new form requirement
66 Rules as to notice to produce 62 Rules as to notice to produce minor-edit
67 Proof of signature and handwriting of person alleged to have signed or written document produced 64 Proof of signature and handwriting identical
67A Proof as to digital signature 65 Proof as to digital signature identical
68 Proof of execution of document required by law to be attested 66 Proof of execution of document required by law to be attested identical
69 Proof where no attesting witness found 67 Proof where no attesting witness found identical
70 Admission of execution by party to attested document 68 Admission of execution by party to attested document identical
71 Proof when attesting witness denies the execution 69 Proof when attesting witness denies execution identical
72 Proof of document not required by law to be attested 70 Proof of document not required by law to be attested identical
73 Comparison of signature, writing or seal with others admitted or proved 71 Comparison of signature, writing or seal identical
73A Proof as to verification of digital signature 72 Proof as to verification of digital signature modified. Enhanced provisions for digital signature verification using Digital Signature Certificates
74 Public documents 73 Public documents identical
75 Private documents 74 Private documents identical
76 Certified copies of public documents 75 Certified copies of public documents identical
77 Proof of documents by production of certified copies 76 Proof of documents by production of certified copies identical
78 Proof of other official documents 77 Proof of other official documents identical

Presumptions as to Documents (IEA Sections 79-90A; BSA Sections 78-101)

IEA Section IEA Title BSA Section BSA Title Change Type
79 Presumption as to genuineness of certified copies 78 Presumption as to genuineness of certified copies identical
80 Presumption as to documents produced as record of evidence 79 Presumption as to documents produced as record of evidence identical
81 Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents 80 Presumption as to Gazettes, newspapers, Acts and other documents minor-edit
81A Presumption as to Gazettes in electronic forms 81 Presumption as to Gazettes in electronic forms identical
82 Presumption as to document admissible in England without proof of seal or signature — — abolished. Colonial-era provision; no longer relevant
83 Presumption as to maps or plans made by authority of Government 82 Presumption as to maps or plans made by authority of Government identical
84 Presumption as to collections of laws and reports of decisions 83 Presumption as to collections of laws and reports of decisions identical
85 Presumption as to powers-of-attorney 84 Presumption as to powers-of-attorney identical
85A Presumption as to electronic agreements 85 Presumption as to electronic agreements identical
85B Presumption as to electronic records and electronic signatures 86 Presumption as to electronic records and electronic signatures identical
85C Presumption as to Digital Signature Certificates 87 Presumption as to Digital Signature Certificates identical
86 Presumption as to certified copies of foreign judicial records 88 Presumption as to certified copies of foreign judicial records modified. Expands geographic scope beyond former "Her Majesty's Dominions"; includes explanation of "proper custody"
87 Presumption as to books, maps and charts 89 Presumption as to books, maps and charts identical
88 Presumption as to telegraphic messages — — abolished. Telegraph system no longer in operation in India
88A Presumption as to electronic messages 90 Presumption as to electronic messages identical
89 Presumption as to due execution, etc., of documents not produced 91 Presumption as to due execution of documents not produced identical
90 Presumption as to documents thirty years old 92 Presumption as to documents thirty years old identical
90A Presumption as to electronic records five years old 93 Presumption as to electronic records five years old identical
— — 94 Presumption as to electronic signature certificate new-provision

Chapter VI — Of the Exclusion of Oral by Documentary Evidence (IEA Sections 91-100; BSA Sections 95-103)

IEA Section IEA Title BSA Section BSA Title Change Type
91 Evidence of terms of contracts, grants and other dispositions of property reduced to form of document 95 Evidence of terms of contracts, grants and other dispositions reduced to document identical
92 Exclusion of evidence of oral agreement 96 Exclusion of evidence of oral agreement identical
93 Exclusion of evidence to explain or amend ambiguous document 97 Exclusion of evidence to explain or amend ambiguous document identical
94 Exclusion of evidence against application of document to existing facts 98 Exclusion of evidence against application of document to existing facts identical
95 Evidence as to document unmeaning in reference to existing facts 99 Evidence as to document unmeaning in reference to existing facts identical
96 Evidence as to application of language which can apply to one only of several persons 100 Evidence as to application of language to one of several persons identical
97 Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies 101 Evidence as to application of language to one of two sets of facts identical
98 Evidence as to meaning of illegible characters, etc. 102 Evidence as to meaning of illegible characters identical
99 Who may give evidence of agreement varying terms of document 103 Who may give evidence of agreement varying terms of document identical
100 Saving of provisions of Indian Succession Act relating to wills 104 Saving of provisions of Indian Succession Act relating to wills identical

Part III — Production and Effect of Evidence

Chapter VII — Of the Burden of Proof (IEA Sections 101-114A; BSA Sections 104-122)

IEA Section IEA Title BSA Section BSA Title Change Type
101 Burden of proof 104 Burden of proof identical
102 On whom burden of proof lies 105 On whom burden of proof lies identical
103 Burden of proof as to particular fact 106 Burden of proof as to particular fact identical
104 Burden of proving fact to be proved to make evidence admissible 107 Burden of proving fact to be proved to make evidence admissible identical
105 Burden of proving that case of accused comes within exceptions 108 Burden of proving that case of accused comes within exceptions identical
106 Burden of proving fact especially within knowledge 109 Burden of proving fact especially within knowledge identical
107 Burden of proving death of person known to have been alive within thirty years 110 Burden of proving death of person known to have been alive within thirty years identical
108 Burden of proving that person is alive who has not been heard of for seven years 111 Burden of proving that person is alive who has not been heard of for seven years identical
109 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent 112 Burden of proof as to relationship modified. Broadened beyond landlord-tenant to general relationships
110 Burden of proof as to ownership 113 Burden of proof as to ownership identical
111 Proof of good faith in transactions where one party is in relation of active confidence 114 Proof of good faith in transactions of active confidence identical
111A Presumption as to certain offences 115 Presumption as to certain offences identical
112 Birth during marriage, conclusive proof of legitimacy 116 Birth during marriage, conclusive proof of legitimacy identical
113 Proof of cession of territory — — abolished. Colonial-era provision; no longer relevant
113A Presumption as to abetment of suicide by a married woman 117 Presumption as to abetment of suicide by married woman identical
113B Presumption as to dowry death 118 Presumption as to dowry death identical
114 Court may presume existence of certain facts 119 Court may presume existence of certain facts identical
114A Presumption as to absence of consent in certain prosecutions for rape 120 Presumption as to absence of consent in certain prosecutions for rape identical

Estoppel (IEA Sections 115-117; BSA Sections 121-123)

IEA Section IEA Title BSA Section BSA Title Change Type
115 Estoppel 121 Estoppel identical
116 Estoppel of tenant; and of licensee of person in possession 122 Estoppel of tenant and of licensee of person in possession identical
117 Estoppel of acceptor of bill of exchange, bailee or licensee 123 Estoppel of acceptor of bill of exchange, bailee or licensee identical

Chapter VIII — Of Witnesses (IEA Sections 118-134; BSA Sections 124-140)

IEA Section IEA Title BSA Section BSA Title Change Type
118 Who may testify 124 Who may testify modified. Updates terminology from "lunatic" to "person of unsound mind"
119 Dumb witnesses / Witness unable to communicate verbally 125 Witness unable to communicate verbally modified. Includes digital or electronic means of communication; sign language recognised
120 Parties to civil suit, and their wives or husbands; Husband or wife of person under criminal trial 126 Parties to civil suit and their spouses; spouse of person under criminal trial minor-edit
121 Judges and Magistrates 127 Judges and Magistrates identical
122 Communications during marriage 128 Communications during marriage identical
123 Evidence as to affairs of State 129 Evidence as to affairs of State identical
124 Official communications 130 Official communications identical
125 Information as to commission of offences 131 Information as to commission of offences identical
126 Professional communications 132 Professional communications identical
127 Section 126 to apply to interpreters, etc. 133 Section 132 to apply to interpreters, etc. minor-edit
128 Privilege not waived by volunteering evidence 134 Privilege not waived by volunteering evidence identical
129 Confidential communications with legal advisers 135 Confidential communications with legal advisers identical
130 Production of title-deeds of witness, not a party 136 Production of title-deeds of witness not a party identical
131 Production of documents or electronic records which another person, having possession, could refuse to produce 137 Production of documents or electronic records which another person having possession could refuse to produce identical
132 Witness not excused from answering on ground that answer will criminate 138 Witness not excused from answering on ground that answer will criminate identical
133 Accomplice 139 Accomplice identical
134 Number of witnesses 140 Number of witnesses identical

Chapter IX — Of the Examination of Witnesses (IEA Sections 135-166; BSA Sections 141-170)

IEA Section IEA Title BSA Section BSA Title Change Type
135 Order of production and examination of witnesses 141 Order of production and examination of witnesses identical
136 Judge to decide as to admissibility of evidence 142 Judge to decide as to admissibility of evidence identical
137 Examination-in-chief 143(a) Examination-in-chief merged
138 Cross-examination 143(b) Cross-examination merged
— Re-examination 143(c) Re-examination merged
139 Order of examinations 144 Order of examinations identical
140 Cross-examination of person called to produce a document 145 Cross-examination of person called to produce a document identical
141 Leading questions 146 Leading questions identical
142 When they must not be asked 147 When leading questions must not be asked identical
143 When they may be asked 148 When leading questions may be asked identical
144 Evidence as to matters in writing 149 Evidence as to matters in writing identical
145 Cross-examination as to previous statements in writing 150 Cross-examination as to previous statements in writing identical
146 Questions lawful in cross-examination 151 Questions lawful in cross-examination identical
147 When witness to be compelled to answer 152 When witness to be compelled to answer identical
148 Court to decide when question shall be asked and when witness compelled to answer 153 Court to decide when question shall be asked identical
149 Question not to be asked without reasonable grounds 154 Question not to be asked without reasonable grounds identical
150 Procedure of Court in case of question being asked without reasonable grounds 155 Procedure of Court in case of question asked without grounds identical
151 Indecent and scandalous questions 156 Indecent and scandalous questions identical
151A Questions intended to insult or annoy (added by Criminal Law Amendment Act, 2013) 157 Questions intended to insult or annoy identical
152 Procedure of Court in case of question being asked without reasonable grounds — — merged with Section 155 above
153 Exclusion of evidence to contradict answers to questions testing veracity 158 Exclusion of evidence to contradict answers to questions testing veracity identical
154 Question by party to his own witness (hostile witness) 159 Question by party to his own witness identical
155 Impeaching credit of witness 160 Impeaching credit of witness identical
156 Questions tending to corroborate evidence of relevant fact 161 Questions tending to corroborate evidence of relevant fact identical
157 Former statements of witness may be proved to corroborate later testimony 162 Former statements of witness may be proved to corroborate later testimony identical
158 What matters may be proved in connection with proved statement relevant under section 32 or 33 163 What matters may be proved in connection with proved statement under section 26 or 27 minor-edit
159 Refreshing memory 164 Refreshing memory identical
160 Testimony to facts stated in document mentioned in section 159 165 Testimony to facts stated in document mentioned in section 164 minor-edit
161 Right of adverse party as to writing used to refresh memory 166 Right of adverse party as to writing used to refresh memory identical
162 Production of documents 167 Production of documents identical
163 Giving, as evidence, of document called for and produced on notice 168 Giving as evidence of document called for and produced on notice identical
164 Using, as evidence, of document production of which was refused on notice 169 Using as evidence of document production refused on notice identical
165 Judge's power to put questions or order production 170 Judge's power to put questions or order production modified. Removed power related to jury (jury system abolished)
166 Power of jury or assessors to put questions — — abolished. Jury system abolished in India; assessors no longer used
167 No new trial for improper admission or rejection of evidence — — abolished. Covered by procedural provisions in BNSS

New BSA Provisions (No IEA Equivalent)

BSA Section BSA Title Description
39 (expanded) Opinions of experts Expressly adds Examiner of Electronic Evidence under IT Act; digital forensics and cyber security recognised as expert domains
57 (expanded) Primary evidence Four new explanations clarifying electronic and digital records as primary evidence; video recordings; server logs
58 (expanded) Secondary evidence Oral admissions, written admissions, and evidence from skilled document examiners added as secondary evidence
63 (modified) Admissibility of electronic records Elaborate treatment of evidence from interconnected computers/devices; new certification form; enhanced standards for digital evidence
81 (new) Presumption as to Gazettes in electronic forms Electronic gazette notifications presumed genuine
94 (new) Presumption as to electronic signature certificate New presumption regarding electronic signature certificates

IEA Sections Abolished (No BSA Equivalent)

IEA Section IEA Title Reason for Abolition
2 Repeal of enactments Transitional provision; no longer needed
55 Character as affecting damages Merged with general relevancy principles
82 Presumption as to document admissible in England without proof of seal or signature Colonial-era provision; no longer relevant
88 Presumption as to telegraphic messages Telegraph system discontinued in India (2013)
113 Proof of cession of territory Colonial-era provision; no longer relevant
166 Power of jury or assessors to put questions Jury system abolished in India
167 No new trial for improper admission or rejection of evidence Covered by BNSS procedural provisions

Key Thematic Changes

1. Electronic and Digital Evidence

The most significant overhaul in the BSA concerns electronic evidence. Key changes:

  • Section 2 (Definitions): "Document" now explicitly includes electronic and digital records from the outset, not as an afterthought
  • Section 57 (Primary Evidence): Four new explanations clarify when electronic records constitute primary evidence, including video recordings and server logs
  • Section 58 (Secondary Evidence): Adds oral and written admissions as secondary evidence; recognises document examiner evidence
  • Section 63 (Electronic Records Admissibility): Comprehensive treatment of evidence from multiple interconnected computers/devices; new mandatory certification form

2. Definitions Restructured

IEA Section 3 contained definitions in paragraph form. BSA Section 2(1) restructures all definitions into individually numbered alphabetical clauses, making each definition independently citable.

3. Colonial References Removed

  • IEA Section 82 (English documents presumption) — abolished
  • IEA Section 88 (telegraph messages) — abolished (telegraph discontinued 2013)
  • IEA Section 113 (cession of territory) — abolished
  • IEA Section 86 updated to remove "Her Majesty's Dominions" language

4. Expert Evidence Expanded

BSA Section 39 expressly recognises digital forensics experts and cyber security professionals as expert witnesses, expanding the scope of Section 45 IEA.

5. Confession Provisions Consolidated

IEA Sections 25 and 26 (confession to police / confession while in police custody) are merged into BSA Section 23(1), creating a single consolidated provision with the discovery statement (Section 27 IEA) restructured as BSA Section 23(2).

How to Use This Table

Transitional applicability: Evidence recorded in proceedings commenced before 1 July 2024 continues to be governed by the Indian Evidence Act, 1872. Evidence in proceedings initiated on or after 1 July 2024 is governed by the BSA.

Finding a section: Use your browser's search function (Ctrl+F / Cmd+F) to locate any IEA or BSA section number.

Change type guide:

  • identical: No substantive change; renumbering only
  • minor-edit: Language updates, cross-reference corrections without affecting legal substance
  • modified: Substantive changes to scope, definition, or application
  • expanded: New sub-sections, explanations, or broader coverage added
  • merged: Multiple IEA sections consolidated into one BSA section
  • new-provision: BSA section with no IEA predecessor
  • abolished: IEA section with no BSA successor

Internal links: Individual section analysis pages are available at /old-law-new-law/iea-bsa/section-{number}-{topic} for detailed comparison of each provision.

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