BSA SectionIEA SectionSubjectSummary of comparision
11Short title, application and commencement.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.
2IEA 3
Interpret ation clause
Definitions.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.
2(1)(a)3, para 1"Court".No change.
2(1)(b)4, para 3"conclusive proof"."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.
2(1) (c)3, para 8"disproved".Words "A fact is said to be disproved" are replaced by "in relation to a fact, means".
2(1)(d)3, para 5"document".The words "or otherwise recorded" and "or any other means", "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".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.
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.
2(1)(l)4, para 2"shall presume".No change.
2(2)NewWords and expressions.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.”
35Evidence maybe given of facts in issue and relevant facts.No change.
46Relevancy of facts forming part of same transaction.No change.
57Facts which are occasion, cause or effect of facts in issue or relevant facts.Words "or relevant facts" added in heading.
68Motive, preparation and previous or subsequent conduct.In explanation. And in illustrations "vakils" is replaced by "advocates" "man" is replaced by "person" and "ravished" is replaced by " raped".
79Facts 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".
810Things said or done by conspirator in reference to common design.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.
911When facts not otherwise relevant become relevant.No Change except in illustrations cities names are changed from Calcutta to Chennai and Lahore to Laddakh.
1012Facts tending to enable Court to determine amount are relevant in suits for damages.No change except in the heading, where the words "In suits for damages" are placed at the end instead of the beginning.
1113Facts relevant when right or custom is in question.No change.
1214Facts showing existence of state of mind, or of body or bodily
feeling.
In illustrations, word "coin" is replaced by
"currency" and "carriage" is replaced by "cars".
1315Facts bearing on question whether act was accidental or intentional.In illustrations, word "rupee" is replaced by
"currency".
1416Existence of course of business when relevant.No change.
1517Admission defined.No change.
1618Admission by party to proceeding or his agent.Headings of paragraphs are excluded and written as subsections and clauses.
1719Admissions by persons whose position must be proved as
against party to suit.
No change.
1820Admissions by persons expressly referred to by party to suit.No change.
1921Proof of admissions against persons making them, and by or on their behalf.Word "coin" is replaced by "currency".
2022When oral admissions as to contents of documents are relevant.No change.
2123Admissions in civil cases when relevant.Words "barrister, pleader, attorney or vakil" are replaced by "advocate".
22(1)24Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.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.
First proviso to section
22
28Confession made after removal of impression caused by inducement, threat or promise, relevant.Heading is dropped as section is included as proviso.
Second proviso to
section
22
29Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.Heading is dropped as section is included as proviso.
23(1)25Confession to police officer.Words "not to be proved" are excluded from heading.
23(2)26Confession by accused while in custody of police not to be proved against him.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".
Proviso to section
23
27How much of information received from accused may be proved.Heading is dropped as the section is included as proviso.
2430Consideration 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."
2531Admissions not conclusive proof, but may estop.No change.
2632Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
relevant.
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".
2733Relevancy 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.
2834Entries in books of account when relevant.No change except the words "include those maintained in an electronic form" are excluded from the heading.
2935Relevancy of entry in public record or an electronic record
made in performance of duty.
No change.
3036Relevancy of statements in maps, charts and plans.No change.
3137Relevancy of statement as to fact of public nature contained in certain Acts or notifications.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".
3238Relevancy of statements as to any law contained in law books including electronic or digital form.Words "including in electronic or digital form" are added in heading as well as in the main text of the section.
3339What evidence to be given when statement forms part of a conversation, document,
electronic record, book or series of letters or papers.
No change.
3440Previous judgments relevant to bar a second suit or trial.No change.
3541Relevancy of certain judgments in probate, etc., jurisdiction.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.
3642Relevancy and effect of judgments, orders or decrees, other than those mentioned in
section35[41 IEA].
No change.
3743Judgments, etc., other than those mentioned in sections 34, 35 and
36 [40to 42 IEA] when relevant.
No change.
3844Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.No change.
39(1)45Opinions of experts.Words "or any other field" are added. Thus, scope is expanded greatly.
39(2)45AOpinion of Examiner of
Electronic Evidence.
Heading is dropped as section is added as a subsection.
4046Facts bearing upon opinions of experts.No change.
41(1)47Opinion as to handwriting and signature, when relevant.Words "and signature" are added in heading.
41(2)47AOpinion as to electronic signature, when relevant.Heading is dropped as section is added as a subsection.
4248Opinion as to existence of general custom or right, when relevant.No change.
4349Opinion as to usages, tenets, etc., when relevant.Paragraphs are numbered as clauses (i), (ii) and (iii).
4450Opinion on relationship, when relevant.No change.
4551Grounds of opinion, when relevant.No change.
4652In civil cases character to prove conduct imputed, irrelevant.No change.
4753In criminal cases previous good character relevant.No change.
4853AEvidence of character or previous sexual experience not relevant in certain cases.No change.
4954Previous bad character not relevant, except in reply.No change.
5055Character as affecting damages.No change.
5156Fact judicially noticeable need not be proved.No change.
5257Facts of which Court shall take judicial notice.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;".
5358Facts admitted need not be proved.No change.
5459Proof of facts by oral evidence.Words "or electronic records" are excluded.
5560Oral evidence to be direct.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".
5661Proof of contents of documents.No change.
5762Primary evidence.4 new explanations are added.
5863Secondary evidence.Words "means and" are excluded and three new clauses (vi), (vii), and (viii) are added.
5964Proof of documents by primary evidence.No change.
6065Cases in which secondary evidence relating to documents may be given.The word "namely" is added and paragraph of clause
(a) are numbered as (i), (ii), and (iii).
61NewElectronic 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.”
6265ASpecial provisions as to evidence relating to electronic record.No change.
6365BAdmissibility of electronic records.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.
6466Rules as to notice to produce."attorney or pleader" is replaced by "advocate or representative".
6567Proof of signature and handwriting of person alleged to have signed or written document produced.No change.
6667AProof as to electronic signature.No change.
6768Proof of execution of document required by law to be attested.No change.
6869Proof where no attesting witness found.Words "or if the document purports to have been executed in the United Kingdom" are excluded.
6970Admission of execution by party to attested document.No change.
7071Proof when attesting witness denies execution.No change.
7172Proof of document not required by law to be attested.No change.
7273Comparison of signature, writing or seal with others admitted or proved.Paragraph are numbered as Subsections (1), (2) and
(3).
7373AProof as to verification of digital signature.No change.
74(1)74Public and private documents.The words " and private" are added in the heading. The words "any part of" and "or of the commonwealth" are excluded.
74(2)75Public and private documents.The words "or Union territory" and "except the documents referred to in sub-section (1)" are added.
7576Certified copies of public documents.No change.
7677Proof of documents by production of certified copies.No change.
7778Proof of other official documents.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.
7879Presumption 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:" are excluded and paragraph are numbered as subsections.
7980Presumption as to documents produced as record of evidence, etc.The word "that" is excluded and paragraph are numbered as clauses (i), (ii) and (iii).
8081Presumption as to Gazettes, newspapers, [private Acts of
parliament] and other documents.
" 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.
8181APresumption as to Gazettes in electronic or digital record.A new explanation is added regarding proper custody of electronic document. Its phraseology is similar to the new explanation added in the preceding section.
8283Presumption as to maps or plans made by authority of
Government.
No change.
8384Presumption as to collections of laws and reports of decisions.No change.
8485Presumption as to powers-of- attorney.No change.
8585APresumption as to electronic agreements.The words "or digitals" are added.
8685BPresumption as to electronic records and electronic signatures.No change.
8785CPresumption as to Electronic
Signature Certificates.
No change.
8886Presumption 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".
8987Presumption as to books, maps and charts.No change.
9088APresumption as to electronic messages.Explanation excluded.
9189Presumption as to due execution, etc., of documents not produced.No change.
9290Presumption as to documents thirty years old.A new explanation same as of section 80 is added. In illustration "is" is replaced by "shall be".
9390APresumption as to electronic records five years old.A new explanation same as of section 81 is added.
9491Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.No change.
9592Exclusion of evidence of oral agreement.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.
9693Exclusion of evidence to explain or amend ambiguous document.In illustrations, "Rs. 1000" and "Rs. 1500" are replaced by "one lakh rupees" "one lakh fifty thousand rupees" respectively.
9794Exclusion of evidence against application of document to existing facts.No change.
9895Evidence as to document unmeaning in reference to
existing facts.
In illustrations, " Calcutta" is replaced by "Kolkata".
9996Evidence as to application of language which can apply to one only of several persons.In illustrations, "Haidarabad", "Haidarabad in Dekkan" and "Haidarabad in sindh" are replaced by "Ramgarh" , "Ramgarh in Rajasthan" and "Ramgarh in Uttarakhand" respectively.
10097Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.No change.
10198Evidence as to meaning of illegible characters, etc.The word "provincial" is replaced by "regional".
10299Who may give evidence of agreement varying terms of document.No change.
103100Saving of provisions of Indian
Succession Act relating to wills.
The words "the Indian Succession Act, (10 of
1865)" are replaced by "the Indian Succession Act,
1925 (39 of 1925)".
104101Burden of proof.No change.
105102On whom burden of proof lies.No change.
106103Burden of proof as to particular fact.No change.
107104Burden of proving fact to be proved to make evidence admissible.No change.
108105Burden of proving that case of accused comes within exceptions.The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
109106Burden of proving fact especially within knowledge.No change.
110107Burden of proving death of person known to have been alive within thirty years.No change.
111108Burden of proving that person is alive who has not been heard of
for seven years.
The words "Provided that" are excluded.
112109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.No change.
113110Burden of proof as to ownership.No change.
114111Proof of good faith in transactions where one party is in relation of active confidence.The word "attorney" is replaced by "advocate".
115111APresumption as to certain offences.IPC sections are replaced by corresponding BNS
sections.
116112Birth during marriage, conclusive proof of legitimacy."son" is replaced by "child" thus made gender neutral.
117113APresumption as to abetment of suicide by a married woman.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.
118113BPresumption as to dowry death.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.
119114Court may presume existence of certain facts.Paragraph are numbered as subsections (1) and (2), and illustrations to subsection (2) are numbered from (i) to (x).
120114APresumption as to absence of consent in certain prosecution for rape.IPC sections are replaced by corresponding BNS
sections.
121115Estoppel.No change.
122116Estoppel of tenant and of licensee of person in possession.The words "or any time thereafter" are added.
123117Estoppel of acceptor of bill of exchange, bailee or licensee.No change.
124118Who may testify.The word "Lunatic" is replaced by "A person of unsound mind".
125119Witness unable to communicate verbally.No change.
126120Competency of husband and wife as witnesses in certain cases.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),
127121Judges and Magistrates.No change.
128122Communications during marriage.No change.
129123Evidence as to affairs of State.No change.
130124Official communications.No change.
131125Information as to commission of offences.No change.
132(1)
&(2)
126Professional communications.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.
132(3)127Professional communications to apply interpreters, etc".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".
133128Privilege not waived by volunteering evidence.Words "barrister, attorney, pleader or vakil" are replaced by "advocate".
134129Confidential communication with legal advisers.Words "legal professional adviser" are replaced by
"legal adviser".
135130Production of title-deeds of witness not a party.No change.
136131Production of documents or electronic records which another person, having possession, could refuse to produce.No change.
137132Witness not excused from answering on ground that answer will criminate.Word "Proviso" is excluded.
138133Accomplice.Words "merely because" are replaced by "if".
139134Number of witnesses.No change.
140135Order of production and examination of witnesses.No change.
141136Judge to decide as to admissibility of evidence.Paragraph are numbered as subsections (1), (2) and
(3).
142137Examination of witnesses.Paragraphs are numbered as subsections (1), (2) and
(3), and headings of paragraph are excluded.
143138Order of examinations.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.
144139Cross- examination of person called to produce a document.No change.
145140Witnesses to character.No change.
146(1)141Leading questions.Section 141 IEA is included as subsection (1) of 146
BSA.
146(2)
&(3)
142When they (leading) must not be asked.Section 142 IEA is included as subsection (2) and
(3) of 146 BSA.
146(4)143When they (leading) may be asked.Section 143 IEA is included as subsection (4) of 146
BSA.
147144Evidence as to matters in writing.No change.
148145Cross- examination as to previous statements in writing.No change.
149146Questions lawful in cross- examination.Numbers (1), (2) and (3) are replaced by (a), (b) and
(c ). IPC sections are replaced by corresponding
BNS sections.
150147When witness to be compelled to answer.No change.
151148Court to decide when question shall be asked and when witness compelled to answer.Word "namely" is added in its subsection (2).
152149Question not to be asked without reasonable grounds.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.
153150Procedure of Court in case of question being asked without
reasonable grounds.
Word "barrister, attorney, pleader or vakil" are replaced by "advocate".
154151Indecent and scandalous questions.No change.
155152Questions intended to insult or annoy.No change.
156153Exclusion of evidence to contradict answers to questions testing veracity."Lahore" and Calcutta" are replaced by "Goa" and
"Varanasi" respectively.
157154Question by party to his own witness.No change.
158155Impeaching credit of witness.Numbers (1), (2) and (3) are replaced by (a), (b) and
(c). Word "indicted" is replaced by "accused".
159156Questions tending to corroborate evidence of relevant fact, admissible.No change.
160157Former statements of witness may be proved to corroborate later testimony as to same fact.No change.
161158What matters may be proved in connection with proved statement relevant under section 26 or 27. [ section 32 or 33].No change.
162159Refreshing memory.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.
163160Testimony to facts stated in document mentioned in section
162[159].
No change.
164161Right of adverse party as to writing used to refresh memory.Word "must" is replaced by "shall".
165162Production of documents.Paragraphs are numbered as subsections (1), (2) and
(3)."Provided that" is added in proviso. New proviso is added to the subsection (3).
166163Giving, as evidence, of document called for and produced on notice.No change.
167164Using, as evidence, of document production of which was refused on notice.No change.
168165Judge's power to put questions or order production.Words "proper", "please" and "relevant or irrelevant" are excluded. Word "agents" is replaced by "representatives".
169167No new trial for improper admission or rejection of
evidence.
No change.
170NewRepeal and savings.Newly added.

IEA to BSA -Comparison Table and Summary