PartBSA SectionSubjectSummaryIEA SectionSummary of comparision
PART I - CHAPTER I (PRELIMINARY)1Short title, application and commencement.The Bharatiya Sakshya Adhiniyam, 2023 applies to all judicial proceedings, including Courts-martial but excluding affidavits and arbitration, and will commence on a date notified by the Central Government.1Indian 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.
PART I - CHAPTER I (PRELIMINARY)2Definitions.The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
IEA 3
Interpret ation clause
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.
PART I - CHAPTER I (PRELIMINARY)2(1)(a)"Court".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 1No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(b)"conclusive proof".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
4, para 3"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.
PART I - CHAPTER I (PRELIMINARY)2(1) (c)"disproved".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 8Words "A fact is said to be disproved" are replaced by "in relation to a fact, means".
PART I - CHAPTER I (PRELIMINARY)2(1)(d)"document".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 5The words "or otherwise recorded" and "or any other means", "and includes electronic and digital records" are added.
PART I - CHAPTER I (PRELIMINARY)2(1)(e )"evidence".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 6"Words" "including statements given electronically" in (e ) (i) and "or digital" in (e ) (ii) are added.
PART I - CHAPTER I (PRELIMINARY)2(1)(f)"fact".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 2Word "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.
PART I - CHAPTER I (PRELIMINARY)2(1)(g)"facts in issue".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 4No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(h)"may presume".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
4, para 1No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(i)"not proved".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 9No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(j)"proved".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 7No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(k)"relevant".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
3, para 3No change.
PART I - CHAPTER I (PRELIMINARY)2(1)(l)"shall presume".The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
4, para 2No change.
PART I - CHAPTER I (PRELIMINARY)2(2)Words and expressions.The Adhiniyam defines key terms like Court, conclusive proof, proved, disproved, not proved, relevant, and facts in issue.
It includes oral, documentary, electronic, and digital records as evidence.
A fact is considered proved or disproved based on the Court’s belief or probability, and presumptions may be mandatory (shall presume) or discretionary (may presume).
Undefined terms take their meaning from the IT Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023.
NewNewly 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.”
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)3Evidence maybe given of facts in issue and relevant facts.This provision allows evidence only on facts in issue and other legally relevant facts, while barring proof of any fact restricted under existing civil procedure laws.5No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS4Relevancy of facts forming part of same transaction.Facts connected with a fact in issue, forming part of the same transaction, are relevant even if they occurred at different times or places.6No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS5Facts which are occasion, cause or effect of facts in issue or relevant facts.Facts that serve as the occasion, cause, effect, surrounding circumstances, or opportunities for a fact in issue or relevant fact are themselves considered relevant.7Words "or relevant facts" added in heading.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS6Motive, preparation and previous or subsequent conduct.Facts showing motive or preparation, and the conduct of parties or affected persons connected to a fact in issue or relevant fact, are admissible as relevant evidence, including related statements that influence such conduct.8In explanation. And in illustrations "vakils" is replaced by "advocates" "man" is replaced by "person" and "ravished" is replaced by " raped".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS7Facts necessary to explain or introduce fact in issue or relevant facts.Facts that explain, introduce, support, rebut, identify, fix time/place, or show party relations connected to a fact in issue or relevant fact are considered relevant as far as needed for that purpose.9Words "fact in issue or" are added in the heading. "A" is replaced by "he".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS8Things said or done by conspirator in reference to common design.In cases of conspiracy, anything said, done, or written by any conspirator in furtherance of the common intention is relevant against all involved, to prove both the conspiracy and each person’s participation.10No 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.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS9When facts not otherwise relevant become relevant.Facts otherwise irrelevant become relevant if they contradict a fact in issue or, alone or with other facts, make its existence or non-existence highly probable or improbable.11No Change except in illustrations cities names are changed from Calcutta to Chennai and Lahore to Laddakh.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS10Facts tending to enable Court to determine amount are relevant in suits for damages.In damage claims, any fact helping the Court assess the proper amount of damages to be awarded is considered relevant.12No change except in the heading, where the words "In suits for damages" are placed at the end instead of the beginning.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS11Facts relevant when right or custom is in question.When determining the existence of a right or custom, relevant facts include transactions affecting it and specific instances of its claim, recognition, exercise, or dispute.13No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS12Facts showing existence of state of mind, or of body or bodily
feeling.
Facts revealing a person’s state of mind or body, such as intention, knowledge, or feelings, are relevant when directly connected to the issue, including previous convictions if relevant to the offence.14In illustrations, word "coin" is replaced by
"currency" and "carriage" is replaced by "cars".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS13Facts bearing on question whether act was accidental or intentional.When determining if an act was accidental or intentional, prior similar acts involving the same person are relevant to establish intention or knowledge.15In illustrations, word "rupee" is replaced by
"currency".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS14Existence of course of business when relevant.If the occurrence of an act is in question, the existence of a customary course of business making its occurrence natural is considered relevant.16No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS15Admission defined.An admission is any oral, written, or electronic statement that implies a fact in issue or relevant fact, made by a specified person under defined circumstances.17No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS16Admission by party to proceeding or his agent.Admissions include statements made by a party or their authorized agent, and by persons with a proprietary or pecuniary interest in the matter, provided the statements are made while their relevant interest continues.18Headings of paragraphs are excluded and written as subsections and clauses.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS17Admissions by persons whose position must be proved as
against party to suit.
Statements by persons whose position or liability is relevant to the suit are admissions if made while they hold that position or liability and would be relevant against them in a related suit.19No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS18Admissions by persons expressly referred to by party to suit.Statements made by individuals expressly consulted by a party for information on a disputed matter are considered admissions.20No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS19Proof of admissions against persons making them, and by or on their behalf.Admissions are generally relevant only against the person making them or their representative, but they can be proved by the maker if they relate to a deceased-relevant matter, a contemporaneous state of mind or body supported by conduct, or are relevant independently of being an admission.21Word "coin" is replaced by "currency".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS20When oral admissions as to contents of documents are relevant.Oral admissions about a document’s contents are irrelevant unless secondary evidence is permitted or the document’s genuineness is disputed.22No change.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS21Admissions in civil cases when relevant.In civil cases, admissions made under a condition or mutual agreement that they not be used as evidence are irrelevant, though advocates may still be compelled to testify under certain legal provisions.23Words "barrister, pleader, attorney or vakil" are replaced by "advocate".
PART II - CHAPTER II - CLOSELY CONNECTED FACTS22(1)Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding.A confession by an accused is irrelevant if induced by threats, promises, or coercion from an authority likely to influence them, unless the effect of such influence has been removed; other factors like secrecy, deception, intoxication, or lack of warning do not automatically render a relevant confession inadmissible.24The 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.
PART II - CHAPTER II - CLOSELY CONNECTED FACTSFirst proviso to section
22
Confession made after removal of impression caused by inducement, threat or promise, relevant.A confession by an accused is irrelevant if induced by threats, promises, or coercion from an authority likely to influence them, unless the effect of such influence has been removed; other factors like secrecy, deception, intoxication, or lack of warning do not automatically render a relevant confession inadmissible.28Heading is dropped as section is included as proviso.
PART II - CHAPTER II - CLOSELY CONNECTED FACTSSecond proviso to
section
22
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.A confession by an accused is irrelevant if induced by threats, promises, or coercion from an authority likely to influence them, unless the effect of such influence has been removed; other factors like secrecy, deception, intoxication, or lack of warning do not automatically render a relevant confession inadmissible.29Heading is dropped as section is included as proviso.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS23(1)Confession to police officer.Confessions made to police officers or while in police custody are generally inadmissible, except if made in a Magistrate’s presence, or if they lead to the discovery of a fact, in which case that fact may be proved.25Words "not to be proved" are excluded from heading.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS23(2)Confession by accused while in custody of police not to be proved against him.Confessions made to police officers or while in police custody are generally inadmissible, except if made in a Magistrate’s presence, or if they lead to the discovery of a fact, in which case that fact may be proved.26Heading is dropped as the section is included as a subsection. Word "whilst" is replaced by "while" and words "such person" are replaced by "him".
PART II - CHAPTER II - CLOSELY CONNECTED FACTSProviso to section
23
How much of information received from accused may be proved.Confessions made to police officers or while in police custody are generally inadmissible, except if made in a Magistrate’s presence, or if they lead to the discovery of a fact, in which case that fact may be proved.27Heading is dropped as the section is included as proviso.
PART II - CHAPTER II - CLOSELY CONNECTED FACTS24Consideration of proved confession affecting person making it and others jointly
under trial for same offence.
In joint trials, a confession by one accused affecting themselves and others can be considered against all implicated, including abetment or attempt, and trials in the absence of absconding accused are treated as joint trials for this purpose.30A 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."
PART II - CHAPTER II - CLOSELY CONNECTED FACTS25Admissions not conclusive proof, but may estop.Admissions do not serve as conclusive proof of the facts admitted but can operate as estoppels under relevant legal provisions.31No change.
PART II - CHAPTER II - STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WTINESSES26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
relevant.
Statements of relevant facts by a person who is dead, absent, or unable to testify are admissible when they concern the cause of death, ordinary business records, interests against the declarant, public rights, familial relationships, documents like wills, or collective expressions of relevant impressions, provided they were made before disputes arose.32Word "namely" is added and headings of subsections are dropped. In illustration word "ravished" is replaced by "raped" and word "banya"
is replaced by "business".
PART II - CHAPTER II - STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WTINESSES27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.Evidence given by a witness in a prior judicial proceeding is relevant in a later or subsequent proceeding if the witness is unavailable, provided it involves the same parties, the adverse party had an opportunity to cross-examine, and the issues are substantially the same.33No change except that word "that" is replaced by
"and" in proviso.
PART II - CHAPTER II (STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES)28Entries in books of account when relevant.Regularly kept business or electronic account entries are relevant to matters under inquiry, but cannot alone establish a person’s liability.34No change except the words "include those maintained in an electronic form" are excluded from the heading.
PART II - CHAPTER II (STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES)29Relevancy of entry in public record or an electronic record
made in performance of duty.
Entries in public or official books, registers, or electronic records made by public servants or authorized persons in the course of their duties are considered relevant facts.35No change.
PART II - CHAPTER II (STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES)30Relevancy of statements in maps, charts and plans.Facts stated in publicly available maps, charts, or government-authorized plans are relevant to matters typically represented in them.36No change.
PART II - CHAPTER II (STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES)31Relevancy of statement as to fact of public nature contained in certain Acts or notifications.Statements of public facts in Central or State Acts, official gazettes, or their printed or digital forms are relevant when the Court must determine the existence of such facts.37Words "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".
PART II - CHAPTER II (STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES)32Relevancy of statements as to any law contained in law books including electronic or digital form.Statements of foreign law or court rulings published in books or electronic/digital form under government authority are relevant when the Court must determine the law of that country.38Words "including in electronic or digital form" are added in heading as well as in the main text of the section.
PART II - CHAPTER II (HOW MUCH OF A STATEMENT IS TO BE PROVED)33What evidence to be given when statement forms part of a conversation, document,
electronic record, book or series of letters or papers.
When a statement is part of a larger conversation, document, book, or series of records, only the portion necessary to fully understand its nature, effect, and context is admissible as evidence.39No change.
PART II - CHAPTER II (JUDGEMENTS OF COURTS WHEN RELEVANT)34Previous judgments relevant to bar a second suit or trial.A judgment, order, or decree that legally bars a Court from hearing a suit or trial is relevant when determining whether the Court should take cognizance or proceed.40No change.
PART II - CHAPTER II (JUDGEMENTS OF COURTS WHEN RELEVANT)35Relevancy of certain judgments in probate, etc., jurisdiction.Final judgments, orders, or decrees from competent courts in probate, matrimonial, admiralty, or insolvency matters that confer or remove legal character or entitlement are relevant and serve as conclusive proof of the existence, accrual, cessation, or ownership of such rights or property.41The 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.
PART II - CHAPTER II (JUDGEMENTS OF COURTS WHEN RELEVANT)36Relevancy and effect of judgments, orders or decrees, other than those mentioned in
section35[41 IEA].
Judgments, orders, or decrees not covered by Section 35 are relevant when they concern public matters, but they do not serve as conclusive proof of their contents.42No change.
PART II - CHAPTER II (JUDGEMENTS OF COURTS WHEN RELEVANT)37Judgments, etc., other than those mentioned in sections 34, 35 and
36 [40to 42 IEA] when relevant.
Judgments, orders, or decrees not covered by Sections 34–36 are irrelevant unless their existence is itself a fact in issue or otherwise relevant under the law.43No change.
PART II - CHAPTER II (JUDGEMENTS OF COURTS WHEN RELEVANT)38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.A party may challenge the relevance of a judgment, order, or decree under Sections 34–36 if it was issued by an incompetent court or obtained through fraud or collusion.44No change.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)39(1)Opinions of experts.Opinions of experts are relevant when the Court must decide on foreign law, science, art, handwriting, fingerprints, or electronic evidence, including reports by the Examiner of Electronic Evidence under the IT Act.45Words "or any other field" are added. Thus, scope is expanded greatly.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)39(2)Opinion of Examiner of
Electronic Evidence.
Opinions of experts are relevant when the Court must decide on foreign law, science, art, handwriting, fingerprints, or electronic evidence, including reports by the Examiner of Electronic Evidence under the IT Act.45AHeading is dropped as section is added as a subsection.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)40Facts bearing upon opinions of experts.Facts otherwise irrelevant become relevant if they support or contradict relevant expert opinions.46No change.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)41(1)Opinion as to handwriting and signature, when relevant.Expert opinions on handwriting or electronic signatures are relevant when the Court must determine the authorship or authenticity of a document, with familiarity or certification establishing reliability.47Words "and signature" are added in heading.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)41(2)Opinion as to electronic signature, when relevant.Expert opinions on handwriting or electronic signatures are relevant when the Court must determine the authorship or authenticity of a document, with familiarity or certification establishing reliability.47AHeading is dropped as section is added as a subsection.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)42Opinion as to existence of general custom or right, when relevant.Opinions of persons likely to know of a general custom or right are relevant when the Court must determine its existence, including customs or rights common to a significant group.48No change.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)43Opinion as to usages, tenets, etc., when relevant.Expert opinions are relevant when the Court must determine usages of communities or families, governance of religious or charitable foundations, or meanings of regional or class-specific terms.49Paragraphs are numbered as clauses (i), (ii) and (iii).
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)44Opinion on relationship, when relevant.Opinions, expressed through conduct, of persons with special knowledge about family relationships are relevant to determine such relationships, but are insufficient to prove marriage in divorce or certain criminal proceedings.50No change.
PART II - CHAPTER II (OPINIONS OF THIRD PERSONS WHEN RELEVANT)45Grounds of opinion, when relevant.When a living person’s opinion is relevant, the reasons or grounds supporting that opinion are also considered relevant.51No change.
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)46In civil cases character to prove conduct imputed, irrelevant.In civil cases, a person’s character is irrelevant in assessing conduct unless it is shown through facts that are otherwise relevant.52No change.
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)47In criminal cases previous good character relevant.In criminal proceedings, the good character of the accused is considered a relevant fact.53No change.
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)48Evidence of character or previous sexual experience not relevant in certain cases.In prosecutions under specified sections of the Bharatiya Nyaya Sanhita, 2023, evidence about the victim’s character or prior sexual experience is irrelevant to questions of consent or its quality.53ANo change.
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)49Previous bad character not relevant, except in reply.In criminal cases, an accused’s bad character is irrelevant unless their good character has been claimed; previous convictions, however, are relevant as evidence of bad character.54No change.
PART II - CHAPTER II (CHARACTER WHEN RELEVANT)50Character as affecting damages.In civil cases, a person’s character, including general reputation and disposition, is relevant in determining the amount of damages they should receive, but specific acts cannot be used as evidence.55No change.
PART III - ON PROOF - CHAPTER III -(FACTS WHICH NEED NOT BE PROVED)51Fact judicially noticeable need not be proved.Facts that the Court takes judicial notice of do not require proof.56No change.
PART III - ON PROOF - CHAPTER III -(FACTS WHICH NEED NOT BE PROVED)52Facts of which Court shall take judicial notice.The Court must take judicial notice of laws, international treaties, legislative proceedings, official seals, public officeholders, recognized countries, time and geographical divisions, public holidays, Indian territory, hostilities involving India, court officers, and traffic rules, and may consult authoritative books or documents for public history, literature, science, or art when necessary.57Paragraphs 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;".
PART III - ON PROOF - CHAPTER III -(FACTS WHICH NEED NOT BE PROVED)53Facts admitted need not be proved.Facts agreed to be admitted by the parties, either orally, in writing, or through pleadings, need not be proved, though the Court may still require proof at its discretion.58No change.
PART III - ON PROOF - CHAPTER IV (OF ORAL EVIDENCE)54Proof of facts by oral evidence.All facts, except the contents of documents, can be proved through oral evidence.59Words "or electronic records" are excluded.
PART III - ON PROOF - CHAPTER IV (OF ORAL EVIDENCE)55Oral evidence to be direct.Oral evidence must be direct, given by someone who personally saw, heard, or perceived the fact, or holds the opinion; expert opinions in published treatises may be used if the author is unavailable, and the Court may inspect material things referenced in evidence.60In heading word "must" is replaced by "to" and paragraph are numbered as clauses (i), (ii), (iii)and (iv). Word "also" is replaced by "further".
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)56Proof of contents of documents.The contents of documents can be proved using either primary or secondary evidence.61No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)57Primary evidence.Primary evidence is the document or electronic/digital record itself presented for the Court’s inspection. Multiple parts, counterparts, uniformly produced copies, electronic files, video recordings, or automated storage copies all qualify as primary evidence, while copies of a common original do not.624 new explanations are added.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)58Secondary evidence.Secondary evidence includes certified copies, mechanically or manually made copies, counterparts against non-executing parties, oral or written accounts or admissions, and expert evidence on documents too numerous or complex to examine in Court.63Words "means and" are excluded and three new clauses (vi), (vii), and (viii) are added.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)59Proof of documents by primary evidence.Documents must be proved by primary evidence, except in specific cases where secondary evidence is allowed.64No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)60Cases in which secondary evidence relating to documents may be given.Secondary evidence of a document’s existence, condition, or contents is admissible when the original is unavailable, destroyed, lost, immovable, a public or certified document, or too numerous to examine, or when its contents are admitted in writing; admissible forms depend on the specific circumstance.65The word "namely" is added and paragraph of clause
(a) are numbered as (i), (ii), and (iii).
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)61Electronic or digital record.Electronic or digital records are admissible as evidence and have the same legal effect, validity, and enforceability as other documents, subject to section 63.New“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.”
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)62Special provisions as to evidence relating to electronic record.The contents of electronic records can be proved following the provisions of Section 63.65ANo change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)63Admissibility of electronic records.Computer-generated outputs, including printed, stored, or recorded electronic information, are treated as documents and admissible as evidence if certain conditions are met: the computer was regularly used, properly functioning, and the information was routinely fed into it. Multiple computers or devices used for the same activity are treated as a single source, and a certificate from the person in charge must accompany the electronic record to verify its production and accuracy.65BWords "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.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)64Rules as to notice to produce.Secondary evidence of a document’s contents generally requires prior notice to the party in possession, except in cases where the document itself is a notice, the adverse party is aware they must produce it, it was obtained by fraud or force, is already in Court, has been admitted lost, or the holder is beyond the Court’s reach.66"attorney or pleader" is replaced by "advocate or representative".
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)65Proof of signature and handwriting of person alleged to have signed or written document produced.If a document is claimed to be signed or written by someone, the signature or handwriting portion alleged to be theirs must be specifically proved as their handwriting.67No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)66Proof as to electronic signature.If an electronic signature (other than a secure electronic signature) is claimed to belong to a subscriber, it must be specifically proved to be their electronic signature.67ANo change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)67Proof of execution of document required by law to be attested.If a law requires a document to be attested, it cannot be used as evidence unless at least one attesting witness is called to prove its execution, provided such a witness is alive, able to give evidence, and subject to the Court’s process.

Exception: For documents (other than wills) that have been registered under the Indian Registration Act, 1908, calling an attesting witness is not necessary unless the execution of the document is specifically disputed.
68No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)68Proof where no attesting witness found.If no attesting witness can be produced, then it must be proved that:

1. The attestation of at least one attesting witness is genuinely in that witness’s handwriting.
2. The signature of the person executing the document is genuinely in the handwriting of that person.
69Words "or if the document purports to have been executed in the United Kingdom" are excluded.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)69Admission of execution by party to attested document.If a party admits that he executed an attested document, that admission alone is sufficient to prove the execution against him, even if the document is one that the law requires to be attested.70No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)70Proof when attesting witness denies execution.If an attesting witness denies or cannot recall having witnessed the execution of a document, then the execution of the document can be proved by other evidence. This allows the party to rely on secondary evidence or other means to establish that the document was indeed executed.71No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)71Proof of document not required by law to be attested.If a document is attested but not required by law to be attested, it may be proved in the same manner as an unattested document. This means that the formalities of attestation do not affect its proof, and it can be treated like any ordinary document for evidentiary purposes.72No change.
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)72Comparison of signature, writing or seal with others admitted or proved.This section allows the Court to verify signatures, writings, seals, or finger impressions by comparing them with known or admitted samples. The Court can also ask a person to write words or figures for comparison. The same applies, with modifications, to finger impressions.73Paragraph are numbered as Subsections (1), (2) and
(3).
PART III - ON PROOF - CHAPTER V (OF DOCUMENTARY EVIDENCE)73Proof as to verification of digital signature.To verify a digital signature, the Court may direct the person, Controller, or Certifying Authority to produce the Digital Signature Certificate, or any other person to use the public key in the certificate to verify the signature.73ANo change.
PART III - ON PROOF - CHAPTER V (PUBLIC DOCUMENTS)74(1)Public and private documents.Public documents include:

1. Acts or records of sovereign authorities, official bodies, tribunals, and public officers (legislative, judicial, executive) of India or a foreign country.
2. Public records of private documents kept in any State or Union Territory.

All other documents are private.
74The words " and private" are added in the heading. The words "any part of" and "or of the commonwealth" are excluded.
PART III - ON PROOF - CHAPTER V (PUBLIC DOCUMENTS)74(2)Public and private documents.Public documents include:

1. Acts or records of sovereign authorities, official bodies, tribunals, and public officers (legislative, judicial, executive) of India or a foreign country.
2. Public records of private documents kept in any State or Union Territory.

All other documents are private.
75The words "or Union territory" and "except the documents referred to in sub-section (1)" are added.
PART III - ON PROOF - CHAPTER V (PUBLIC DOCUMENTS)75Certified copies of public documents.Every public officer holding a public document must, on request and payment of fees, provide a certified copy. The copy must have a certificate at the foot, dated, signed with the officer’s name and title, and sealed if authorised. Such copies are called certified copies, and officers routinely authorised to deliver them are deemed to have custody of the documents.76No change.
PART III - ON PROOF - CHAPTER V (PUBLIC DOCUMENTS)76Proof of documents by production of certified copies.Certified copies can be used as evidence to prove the contents of the public documents or the specific parts they represent.77No change.
PART III - ON PROOF - CHAPTER V (PUBLIC DOCUMENTS)77Proof of other official documents.Public documents can be proved through certified records, official publications, or gazette notifications. Proceedings of legislatures, municipal bodies, or foreign acts may be proved by official journals, certified copies, or recognition under law. Foreign public documents need certification by their legal keeper and authentication by a notary, consul, or diplomatic agent.78The 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.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)78Presumption as to genuineness of certified copies.The Court shall presume as genuine any certificate, certified copy, or document declared admissible by law if duly certified. It must be in the proper form and executed as directed by law. The Court will also presume that the certifying officer held the official position claimed at the time of signing.79The 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.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)79Presumption as to documents produced as record of evidence, etc.The Court shall presume as genuine any record of evidence, statement, or confession taken by a Judge, Magistrate, or authorized officer. It will presume the circumstances mentioned by the signatory are true. It will also presume that the evidence, statement, or confession was duly taken according to law.80The word "that" is excluded and paragraph are numbered as clauses (i), (ii) and (iii).
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)80Presumption as to Gazettes, newspapers, [private Acts of
parliament] and other documents.
The Court shall presume the genuineness of documents like the Official Gazette, newspapers, journals, or records required by law if kept in proper custody. Proper custody means the place and person legally responsible for it. Custody is not improper if shown to have a legitimate or probable origin.81" 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.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)81Presumption as to Gazettes in electronic or digital record.The Court shall presume the genuineness of electronic or digital records like the Official Gazette or records required by law if kept in proper custody. Proper custody means the place and person legally bound to keep it. Custody is valid if it has a legitimate or probable origin.81AA new explanation is added regarding proper custody of electronic document. Its phraseology is similar to the new explanation added in the preceding section.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)82Presumption as to maps or plans made by authority of
Government.
The Court presumes that maps or plans made under the authority of the Central or State Government are genuine and accurate.
However, maps or plans prepared for a specific case are not presumed accurate.
Such case-based maps must be independently proved for correctness.
83No change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)83Presumption as to collections of laws and reports of decisions.The Court presumes as genuine any Government-published law books and official case reports.
Such publications are accepted as authentic without further proof.
84No change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)84Presumption as to powers-of- attorney.The Court presumes that any power-of-attorney executed before and authenticated by a Notary, Court, Judge, Magistrate, or authorized government representative is genuine.85No change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)85Presumption as to electronic agreements.The Court presumes that any electronic record showing parties’ electronic or digital signatures is a validly concluded agreement.85AThe words "or digitals" are added.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)86Presumption as to electronic records and electronic signatures.The Court presumes that a secure electronic record has not been altered and that a secure electronic signature was affixed by the subscriber with intent, unless proven otherwise.85BNo change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)87Presumption as to Electronic
Signature Certificates.
The Court presumes that the information in an Electronic Signature Certificate is correct, except unverified subscriber information, if the certificate was accepted by the subscriber.85CNo change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)88Presumption as to certified copies of foreign judicial records.The Court may presume a certified copy of a foreign judicial record to be genuine and accurate if certified in a manner recognized by a Central Government representative; a Political Agent for any foreign territory is deemed such a representative.86"any country not forming part of India or of Her Majesty’s Dominions" is replaced by "beyond India".
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)89Presumption as to books, maps and charts.The Court may presume that books or published maps/charts referred to for public or general interest were written and published by the persons and at the times and places they claim.87No change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)90Presumption as to electronic messages.The Court may presume that an email message sent through a server matches what the sender fed into the computer, but it cannot presume who actually sent the message.88AExplanation excluded.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)91Presumption as to due execution, etc., of documents not produced.The Court shall presume that any document requested but not produced after proper notice was duly attested, stamped, and executed according to law.89No change.
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)92Presumption as to documents thirty years old.The Court may presume that a document over thirty years old, produced from proper custody, is genuine—its handwriting, signatures, execution, and attestation are as they purport to be.90A new explanation same as of section 80 is added. In illustration "is" is replaced by "shall be".
PART III - ON PROOF - CHAPTER V (PRESUMPTIONS AS TO DOCUMENTS)93Presumption as to electronic records five years old.The Court may presume that an electronic record over five years old, produced from proper custody, bears a genuine electronic signature affixed by the purported person or an authorized representative.90AA new explanation same as of section 81 is added.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)94Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.When a contract, grant, or property disposition is reduced to a document, only the document—or admissible secondary evidence—can prove its terms. Exceptions include public officer appointments (proved by acting in the role) and wills admitted to probate; oral evidence may still be allowed for other facts in the document.91No change.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)95Exclusion of evidence of oral agreement.Once a contract, grant, or property disposition is proved in writing, oral evidence cannot be used to contradict or alter its terms.

However, oral evidence is allowed to show:

* Fraud, intimidation, illegality, lack of capacity, failure of consideration, or mistake.
* Separate oral agreements not inconsistent with the document, including conditions precedent or subsequent modifications (unless law requires writing or registration).
* Usage or custom typically attached to such contracts if not inconsistent with express terms.
* How the language of the document relates to existing facts.
92The 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.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)96Exclusion of evidence to explain or amend ambiguous document.If a document’s language is ambiguous or defective, evidence cannot be used to clarify its meaning or fix its defects; the ambiguity itself cannot be corrected by outside facts.93In illustrations, "Rs. 1000" and "Rs. 1500" are replaced by "one lakh rupees" "one lakh fifty thousand rupees" respectively.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)97Exclusion of evidence against application of document to existing facts.If a document’s language is clear and directly fits the existing facts, evidence cannot be used to argue that the language was not intended to apply to those facts.94No change.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)98Evidence as to document unmeaning in reference to
existing facts.
If a document’s language is clear but doesn’t make sense in relation to the existing facts, evidence can be admitted to show that the words were intended in a special or unusual sense.95In illustrations, " Calcutta" is replaced by "Kolkata".
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)99Evidence as to application of language which can apply to one only of several persons.If a document’s language could refer to several persons or things but only one is intended, evidence may be given to identify which specific person or thing the language was meant to apply to.96In illustrations, "Haidarabad", "Haidarabad in Dekkan" and "Haidarabad in sindh" are replaced by "Ramgarh" , "Ramgarh in Rajasthan" and "Ramgarh in Uttarakhand" respectively.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)100Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.If a document’s language partially fits two sets of facts but fully fits neither, evidence may be given to show which set of facts the language was intended to apply to.97No change.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)101Evidence as to meaning of illegible characters, etc.Evidence can be given to explain illegible characters, uncommon, foreign, obsolete, technical, local, or regional terms, abbreviations, and words used in a special sense.98The word "provincial" is replaced by "regional".
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)102Who may give evidence of agreement varying terms of document.Non-parties to a document, or their representatives, may give evidence of facts showing a contemporaneous agreement that modifies the document’s terms.99No change.
PART III - ON PROOF - CHAPTER VI (OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE)103Saving of provisions of Indian
Succession Act relating to wills.
This Chapter does not affect the provisions of the Indian Succession Act, 1925, specifically regarding the construction or interpretation of wills.100The words "the Indian Succession Act, (10 of
1865)" are replaced by "the Indian Succession Act,
1925 (39 of 1925)".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)104Burden of proof.Whoever seeks a Court’s decision on a legal right or liability based on certain facts must prove those facts; the duty to prove such facts is called the burden of proof.101No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)105On whom burden of proof lies.The burden of proof lies on the person who would lose the case if no evidence were presented by either side.102No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)106Burden of proof as to particular fact.The burden of proving any fact lies on the person who wants the Court to believe it, unless a law specifically places that burden on someone else.103No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)107Burden of proving fact to be proved to make evidence admissible.The burden of proving a fact that is required to allow a person to give evidence of another fact lies on the person who seeks to give such evidence.104No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)108Burden of proving that case of accused comes within exceptions.When a person is accused of an offence, the burden of proving that the case falls under any general or special exception lies on the accused, and the Court presumes the absence of such circumstances.105The words "the Indian Penal Code (45 of 1860)" are replaced by "the Bharatiya Nyaya Sanhita, 2023".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)109Burden of proving fact especially within knowledge.When a fact is especially within a person’s knowledge, the burden of proving it rests on that person.106No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)110Burden of proving death of person known to have been alive within thirty years.If it is shown that a man was alive within the last 30 years, the burden of proving his death lies on the person who asserts that he is dead.107No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)111Burden of proving that person is alive who has not been heard of
for seven years.
If a man has not been heard of for 7 years by those who would naturally hear of him if alive, the law presumes him dead, and the burden shifts to the person claiming he is alive.108The words "Provided that" are excluded.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)112Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.If people have been shown to act as partners, landlord–tenant, or principal–agent, the law presumes that relationship continues, and the burden to prove otherwise lies on the person claiming it does not exist or has ended.109No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)113Burden of proof as to ownership.If a person is shown to be in possession of something, the law presumes ownership, and the burden of proving otherwise lies on the person who denies his ownership.110No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)114Proof of good faith in transactions where one party is in relation of active confidence.If a transaction is questioned between parties where one holds a position of active confidence over the other, the burden of proving good faith lies on the party in that position of confidence.111The word "attorney" is replaced by "advocate".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)115Presumption as to certain offences.If a person is accused of certain offences (like rioting, armed resistance, or related conspiracies) in a disturbed area or an area with prolonged public disorder, and is shown to have been present where firearms or explosives were used, the law presumes they committed the offence unless they prove otherwise.111AIPC sections are replaced by corresponding BNS
sections.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)116Birth during marriage, conclusive proof of legitimacy.A child born during a valid marriage, or within 280 days after its dissolution while the mother remains unmarried, is conclusively presumed legitimate as the child of the husband, unless it can be proved that the spouses had no access during the period of conception.112"son" is replaced by "child" thus made gender neutral.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)117Presumption as to abetment of suicide by a married woman.If a woman commits suicide within seven years of marriage and it is shown that her husband or his relative subjected her to cruelty, the Court may presume that the suicide was abetted by the husband or relative, considering all circumstances.

Note: "Cruelty" has the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.
113AThe 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.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)118Presumption as to dowry death.If it is shown that a woman was subjected to cruelty or harassment by a person for dowry shortly before her death, the Court shall presume that the person caused her dowry death.

Note: "Dowry death" has the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.
113BThe words "section 304B of the Indian Penal Code (45 of 1860)" are replaced by "section 80 of the Bharatiya Nyaya Sanhita, 2023" in explanation.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)119Court may presume existence of certain facts.The Court may presume facts likely to have happened based on the ordinary course of events, human conduct, and business practices, considering the specific circumstances of the case.

It also takes into account various situations, such as possession of stolen goods, negligence, corroborated confessions, influence in transactions, natural changes, judicial acts under exceptions, postal irregularities, refusal to produce documents or answer questions, and possession of bonds under suspicious circumstances.
114Paragraph are numbered as subsections (1) and (2), and illustrations to subsection (2) are numbered from (i) to (x).
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VII (OF THE BURDEN OF PROOF)120Presumption as to absence of consent in certain prosecution for rape.In a rape case under section 64(2) of the Bharatiya Nyaya Sanhita, 2023, if sexual intercourse by the accused is proved and the woman testifies that she did not consent, the Court shall presume that there was no consent.

"Sexual intercourse" refers to the acts defined in section 63 of the Sanhita.
114AIPC sections are replaced by corresponding BNS
sections.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VIII (ESTOPPEL)121Estoppel.If a person, by words, actions, or omissions, intentionally causes another to believe something and act on it, he (or his representative) cannot later deny the truth of that thing in any legal proceeding between them.115No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VIII (ESTOPPEL)122Estoppel of tenant and of licensee of person in possession.A tenant or someone claiming through the tenant cannot deny the landlord’s ownership at the start of the tenancy, and a person entering property with permission cannot deny the possessor’s title at the time the permission was granted.116The words "or any time thereafter" are added.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER VIII (ESTOPPEL)123Estoppel of acceptor of bill of exchange, bailee or licensee.An acceptor of a bill cannot deny the drawer’s authority, and a bailee or licensee cannot deny the bailor’s or licensor’s authority at the start; however, the acceptor can dispute who actually drew the bill, and a bailee can show a third party’s right to the goods.117No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)124Who may testify.Everyone is competent to testify unless they cannot understand questions or give rational answers due to age, illness, mental condition, or similar reasons. A person of unsound mind can testify if they are able to understand and respond rationally.118The word "Lunatic" is replaced by "A person of unsound mind".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)125Witness unable to communicate verbally.A witness who cannot speak may give evidence through writing or signs in open Court, which is treated as oral evidence. If verbal communication is impossible, the Court must use an interpreter or special educator, and the statement must be videographed.119No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)126Competency of husband and wife as witnesses in certain cases.In civil cases, all parties and their spouses are competent witnesses. In criminal cases, the spouse of the accused is a competent witness.120Heading "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),
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)127Judges and Magistrates.A Judge or Magistrate cannot be compelled to answer questions about their own conduct or knowledge gained in Court, except by a superior Court’s special order, but can testify about other matters they witnessed while acting in their official capacity.121No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)128Communications during marriage.Communications made between spouses during marriage are privileged and cannot be disclosed without the consent of the person who made them, except in cases involving disputes between the spouses or prosecution for crimes committed against one spouse by the other.122No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)129Evidence as to affairs of State.Evidence from unpublished official records concerning State affairs is not admissible without the permission of the head of the relevant department, who may grant or withhold it at their discretion.123No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)130Official communications.A public officer cannot be forced to reveal confidential official communications if, in his opinion, their disclosure would harm public interests.124No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)131Information as to commission of offences.Magistrates, police officers, and revenue officers cannot be compelled to disclose when they received information about an offence, including offences against public revenue. A "revenue officer" refers to anyone engaged in public revenue matters.125No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)132(1)
&(2)
Professional communications.Advocates cannot disclose client communications, documents, or advice without express consent, except when made for illegal purposes or revealing post-engagement crime or fraud. This duty of confidentiality continues even after the professional relationship ends.126The 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.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)132(3)Professional communications to apply interpreters, etc".Advocates cannot disclose client communications, documents, or advice without express consent, except when made for illegal purposes or revealing post-engagement crime or fraud. This duty of confidentiality continues even after the professional relationship ends.127Section127 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".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)133Privilege not waived by volunteering evidence.A party giving evidence in a suit does not imply consent for disclosure under Section 132. Consent to disclosure by an advocate arises only if the party questions the advocate on matters otherwise protected.128Words "barrister, attorney, pleader or vakil" are replaced by "advocate".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)134Confidential communication with legal advisers.Confidential communications with a legal adviser cannot be compelled in court, unless the person becomes a witness; then only those communications necessary to explain their evidence may be disclosed.129Words "legal professional adviser" are replaced by
"legal adviser".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)135Production of title-deeds of witness not a party.A non-party witness cannot be forced to produce title deeds, mortgage/pledge documents, or self-incriminating documents, unless he has given written consent to produce them.130No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)136Production of documents or electronic records which another person, having possession, could refuse to produce.A person cannot be compelled to produce documents or electronic records that another person, if in possession, would have the right to refuse producing—unless that other person consents.131No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)137Witness not excused from answering on ground that answer will criminate.A witness cannot refuse to answer relevant questions even if self-incriminating, but such compelled answers cannot be used for prosecution or penalty, except in cases of perjury.132Word "Proviso" is excluded.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)138Accomplice.An accomplice is a competent witness against the accused, and a conviction based on their testimony is valid if it is corroborated.133Words "merely because" are replaced by "if".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER IX (OF WITNESSES)139Number of witnesses.There is no fixed number of witnesses required to prove any fact in a case.134No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)140Order of production and examination of witnesses.The sequence of producing and examining witnesses is governed by existing civil and criminal procedure laws, or, if absent, by the Court’s discretion.135No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)141Judge to decide as to admissibility of evidence.A judge decides the admissibility of evidence based on its relevance, may require foundational facts to be proved first, and has discretion on the order of presenting interdependent facts.136Paragraph are numbered as subsections (1), (2) and
(3).
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)142Examination of witnesses.Witness examination is divided into three stages: examination-in-chief by the calling party, cross-examination by the opposing party, and re-examination by the calling party after cross-examination.137Paragraphs are numbered as subsections (1), (2) and
(3), and headings of paragraph are excluded.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)143Order of examinations.Witnesses are examined first in-chief, then cross-examined, and finally re-examined. Cross-examination may go beyond initial testimony, while re-examination addresses points raised in cross-examination, with new matters allowing further cross-examination.138Paragraph are numbered as subsections (1), (2) and
(3), and word "in-chief" included.
The words in paragraph heading "Direction of re- examination" are excluded.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)144Cross- examination of person called to produce a document.Producing a document does not make a person a witness; they can only be cross-examined if formally called as one.139No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)145Witnesses to character.Character witnesses can be cross-examined and re-examined like other witnesses.140No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)146(1)Leading questions.A leading question suggests the expected answer. It is generally not allowed in examination-in-chief or re-examination unless permitted by the Court, but may be used in cross-examination or for undisputed/introductory matters.141Section 141 IEA is included as subsection (1) of 146
BSA.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)146(2)
&(3)
When they (leading) must not be asked.A leading question suggests the expected answer. It is generally not allowed in examination-in-chief or re-examination unless permitted by the Court, but may be used in cross-examination or for undisputed/introductory matters.142Section 142 IEA is included as subsection (2) and
(3) of 146 BSA.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)146(4)When they (leading) may be asked.A leading question suggests the expected answer. It is generally not allowed in examination-in-chief or re-examination unless permitted by the Court, but may be used in cross-examination or for undisputed/introductory matters.143Section 143 IEA is included as subsection (4) of 146
BSA.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)147Evidence as to matters in writing.A witness must indicate if their evidence involves a document. The adverse party can demand its production or valid secondary evidence before the witness testifies, though oral evidence about relevant statements in the document is permitted.144No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)148Cross- examination as to previous statements in writing.A witness can be cross-examined on previous written statements relevant to the case without showing the document, but to use it for contradiction, the witness must first be made aware of the specific parts.145No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)149Questions lawful in cross- examination.During cross-examination, a witness may be questioned to test credibility, identity, or character, even if self-incriminating. However, in certain sexual offence cases under the Bharatiya Nyaya Sanhita, 2023, questions about the victim’s sexual history or character cannot be used to prove consent.146Numbers (1), (2) and (3) are replaced by (a), (b) and
(c ). IPC sections are replaced by corresponding
BNS sections.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)150When witness to be compelled to answer.If a question during cross-examination relates to a matter relevant to the case, the rules of Section 137 regarding admissibility and evidence apply.147No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)151Court to decide when question shall be asked and when witness compelled to answer.If a question is irrelevant except for affecting a witness’s credibility, the Court decides whether it must be answered and may warn the witness. The Court considers the question’s impact on credibility, its relevance, timing, and proportionality, and may infer unfavourable answers if the witness refuses.148Word "namely" is added in its subsection (2).
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)152Question not to be asked without reasonable grounds.Questions affecting a witness’s character should only be asked if the questioner has reasonable grounds to believe the imputation is well-founded.149In illustrations, the words "barrister", "an attorney or vakil", "dakait" and "A pleader" are replaced by words "advocate", "another advocate", "dacoit" and "a advocate" respectively.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)153Procedure of Court in case of question being asked without
reasonable grounds.
If a question about a witness’s character is asked without reasonable grounds, the Court may report the advocate who asked it to the relevant professional authority.150Word "barrister, attorney, pleader or vakil" are replaced by "advocate".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)154Indecent and scandalous questions.The Court can prohibit indecent or scandalous questions, even if somewhat relevant, unless they directly relate to the facts in issue or are necessary to determine those facts.151No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)155Questions intended to insult or annoy.The Court must forbid questions intended to insult or annoy, or those that are unnecessarily offensive in form, even if otherwise proper.152No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)156Exclusion of evidence to contradict answers to questions testing veracity.A witness cannot be contradicted on answers aimed solely at discrediting their character, unless the answer is false (permitting perjury charges). Exceptions: prior convictions or denials affecting impartiality can be contradicted.153"Lahore" and Calcutta" are replaced by "Goa" and
"Varanasi" respectively.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)157Question by party to his own witness.The Court may allow the party calling a witness to ask questions normally reserved for cross-examination, without losing the right to rely on any part of the witness’s evidence.154No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)158Impeaching credit of witness.A witness’s credibility can be challenged by showing they are generally untrustworthy, bribed, or previously made inconsistent statements. Testimony about another witness’s credibility can be questioned in cross-examination, but false answers may lead to perjury charges.155Numbers (1), (2) and (3) are replaced by (a), (b) and
(c). Word "indicted" is replaced by "accused".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)159Questions tending to corroborate evidence of relevant fact, admissible.A corroborating witness may be questioned about other observed circumstances near the event if the Court believes they would support the witness’s testimony on the relevant fact.156No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)160Former statements of witness may be proved to corroborate later testimony as to same fact.A witness’s prior statement about a fact, made at the time or before a competent authority, may be used to corroborate their testimony.157No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)161What matters may be proved in connection with proved statement relevant under section 26 or 27. [ section 32 or 33].When a statement under Sections 26 or 27 is proved, related matters can be introduced to contradict, corroborate, or assess the credibility of its maker, as if the person had testified and been cross-examined.158No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)162Refreshing memory.A witness can refresh their memory using writings made by themselves or others close to the event, or with court permission, using copies or professional treatises for experts, if originals cannot be produced.159Paragraphs 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.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)163Testimony to facts stated in document mentioned in section
162[159].
A witness may testify to facts in a document even without personal recollection, provided they are certain the document accurately records those facts.160No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)164Right of adverse party as to writing used to refresh memory.Any document used by a witness to refresh memory or testify must be shown to the opposing party, who may then cross-examine the witness on it.161Word "must" is replaced by "shall".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)165Production of documents.A summoned witness must produce a document in their possession, with the Court deciding on objections to its production or admissibility. The Court may inspect, translate, or take evidence regarding the document, while state communications between Ministers and the President remain protected.162Paragraphs are numbered as subsections (1), (2) and
(3)."Provided that" is added in proviso. New proviso is added to the subsection (3).
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)166Giving, as evidence, of document called for and produced on notice.If a party inspects a document they requested and it is produced, they must present it as evidence if the producing party so requires.163No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)167Using, as evidence, of document production of which was refused on notice.A party who refuses to produce a document after notice cannot later use it as evidence without the other party’s consent or a Court order.164No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER X (OF EXAMINATION OF WITNESSES)168Judge's power to put questions or order production.The Judge may question witnesses or parties and order document production to establish relevant facts, but cannot override protections under Sections 127–136, 151, 152, or dispense with primary evidence, and judgment must be based on duly proved relevant facts.165Words "proper", "please" and "relevant or irrelevant" are excluded. Word "agents" is replaced by "representatives".
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER XI (OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE)169No new trial for improper admission or rejection of
evidence.
Improperly admitting or rejecting evidence alone cannot overturn a decision if sufficient other evidence supports it or the excluded evidence would not have changed the outcome.167No change.
PART IV - PRODUCTION AND EFFECT OF EVIDENCE - CHAPTER XII (REPEAL AND SAVINGS)170Repeal and savings.The Indian Evidence Act, 1872 is repealed, but ongoing applications, trials, inquiries, or appeals at the time of this Adhiniyam’s commencement will continue under the 1872 Act as if the new law had not come into force.NewNewly added.

IEA to BSA -Comparison Table and Summary