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Comparative Chart of Indian Evidence Act and Bharatiya Sakshya Adhiniyam 2023

Comparison: Bharatiya Sakshya Adhiniyam, (BSA) 2023 vs. Indian Evidence Act, (IEA) 1972

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2(1)(f) 3, para 2 “fact” In the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the word "man" has been replaced by "person" in the illustrations, and illustration (e) - "That a man has a certain reputation, is a fact" - has been omitted.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