Rahul’s

IAS

The Indian Evidence Act, 1872

changed to

“The Bharatiya Sakshya Adhiniyam, 2023”

 

GENERAL NOTE

o   In BSA, 2023 the term “Act” has been substituted with the term “Adhiniyam” in all sections.

 

OLD PREAMBLE

NEW PREAMBLE

CHANGES

WHEREAS it is expedient to consolidate, define and amend the law of Evidence;

To consolidate and to provide for general rules and principles of evidence for fair trial.

The word “define” and “amend”has been omitted

CHAPTER 1-PRELIMINARY

OLD SECTION

NEW SECTION

CHANGES

1. Short title, extent and commencement-

This Act may be called the Indian Evidence Act, 1872.

1.Short title,Applicationand commencement-

(1)ThisActmaybecalledthe

BharatiyaSakshyaAdhiniyam,2023.

The name of the Statue has been changed to “Bharatiya Sakshya Adhiniyam, 2023”

Extent––It extends to the whole of India and applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] [the Naval Discipline Act [29 & 30 Vict., 109]; or the Indian Navy (Discipline) Act, 1934 (34 of 1934),] [or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator;

Commencement of Act––And it shall come into force on thefirst day of September, 1872

(2)       It shall apply to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.

(3)    It shall come into force on such date as the Central Government may, by notification, appoint.

The phrases “It extends to the whole of India” ,“Other than court-martial convened under Army Act”, “The Naval Discipline Act”, “the Indian Discipline Act, 1934 or the Air Force Act” are omitted.

2. Repeals of Enactments

 

Omitted

3. Interpretation Section

2. Definitions

Marginal heading changed

 


 

OLD SECTION

NEW SECTION

CHANGES

 

 

 

In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context.

 

 

 

(1) In this Adhiniyam, unless the context otherwise requires—

The word “act” changed to “Adhiniyam”

 

Definitions in paragraphs changed to sections. Sub-section (a) – (m).

“Unless the contextotherwise requires” has been used.

 

 

 

“document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

 

 

 

(d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.

The phrase “and includes electronic and digital records” has been added.

 

Illustration (vi) has been added. An electronic record on emails, server logs, documents on computer, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are

documents.

“evidence” means and includes –

(1)    all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence.

(2)    all documents including electronic records produced for the inspection of the court

S. 2 (e) “evidence” means and includes–

(i)    all statements including statementsgiven electronically which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements or information are called oral evidence

(ii) all documents including electronic or digital records produced for the inspection of the court and such documents are called documentary evidence.

 

The term “including statements given electronically” has been added in S. 2(i)

 

The word “or digital records” has been added in sub-section (ii).

S. 3 “fact”

S. 2(f) “fact”

Illustration (e) Omitted

S. 3 “Fact in issue”

S. 2(g) “fact in issue”

 

S. 3 “relevant” – one fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.

S.2(K) relevant – a fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts.

The word “when the one” is changed to “it is”.

 

[the expressions “Certifying Authority”, “electronic signature]”, Electronic Signature Certificate, “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).

(2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhita.

 

 

 

Paragraph added as S. 2 (2).

NEW CHANGES IN SECTION 2 of BSA 2023.

 

Definition for “India” omitted.

Section (b) “conclusive proof”; Section (h) “may presume”; Section

(l) “shall presume” has been added as definition u/s 2, BSA 2023 and removed from S. 4 of IEA, 1872.

4. may presume”, “shall presume”, “conclusive proof

S. 2(b) “conclusive proof”; Section2(h)

“may presume”; Section2(l) “shall presume”

Added under Section 2 of BSA, 2023.

CHAPTER II-RELEVANCY OF FACTS

5. Evidence may be given of facts in issue and relevant facts.

3. Evidence may be given of facts in issue and relevant facts.

 

6. Relevancy of facts Forming part of same transaction – Facts which though not in issue, are so connected with a fact in issue as to form part of same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

4. Relevancy of facts forming part of same transaction - Facts which though not in issue, are so connected with a fact in issue or a relevant fact as to form part of same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

The phrase “or a relevant fact” has been added in BSA 2023.

7. Facts which are the occasion, cause or effects or facts in issue -

5. Facts which are the occasion, cause or effect of facts in issue or relevant facts -

The phrase “or relevant fact” has been added in the marginal heading.

8. Motive, preparation and previous or subsequent conduct -

6. Motive, preparation and previous or subsequent conduct.

Paragraphs are now divided into sub-sections (1) and (2). In illustration (j) of BSA, 2023 the term “ravished” has been changed to “raped” and S. 32 clause (1) IEA, 1872 to S. 26 clause (a)of BSA, 2023 and Section 157 of IEA, 1872 to S. 160 of BSA, 2023.

Similar changes have been made in illustration (k) as well.

9. Facts necessary to explain or introduce relevant facts.

7. Facts necessary to explain or introduce fact in issue or relevant fact.

The term “fact in issue” has been added in the marginal heading.

10. Things said or done by conspirator in reference to common design.

Illustration - Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India.

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.

8. Things said or done by conspirator in reference to common design.

Illustration - Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State.

The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which C had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them,and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.

In the first illustration, Government of India changed to “State”.

In the second illustration, name of places have changed i.e., Bombay changed to Mumbai, Kabul to Singapore, Calcutta to Kolkata.

11. When facts not otherwise relevant become relevant.

9. Facts not otherwise relevant are relevant

The word “When” has been removed from marginal heading.

In illustration (a), name of placechanged from Chennai and Ladakh.

12. In suits for damages, facts tending to enable court to determine amount are relevant.

10. Facts tending to enable court to determine amount are relevant in suits for damages.

Marginal heading changed.

13. Facts relevant when right or custom is in Question

11. Facts relevant when right or custom is in question.

No change

14. Facts showing existence of state of mind, or of body or bodily feeling.

12. Facts showing existence of state of mind, or of body or bodily feeling.

Illustration (n), the word “carriage” changed to “car”.

15. Facts bearing on question whether act was accidental or intentional.

13. Facts bearing on question whether act was accidental or intentional.

No change

16. Existence of course of business when relevant.

14. Existence of course of business when relevant

Illustration (b) – “Dead Letter Office” changed to “Return Letter Office”.

17. Admission defined

15. Admission defined

No change

18. Admission by a party to proceeding or his agent -

16. Admission by party to proceeding or his agent –

The paragraphs changed to sections.

The headings of paragraphs, “by suitor in representative character”, “by a party interested in subject”, “person from whom interest derived” removed.

19. Admission by persons whose position must be proved as against party to suit.

17. Admissions by persons whose position must be proved as against party to suit.

No change

20. Admissions by persons expressly referred to by the party to suit.

18. Admissions by persons expressly referred to by party to suit.

No change

21. Proof of admissions against person making them and by or on their behalf.

19. Proof of admissions against persons making them, any by or on their behalf.

In Sub-section (1), “Section 32” of IEA, 1872, changed to “Section 26” of BSA, 2023.

 

In Illustration (b) – Section 32 of IEA, 1872 clause (2) changed to Section  26 clause (b) of BSA, 2023.

 

In Illustration (c), name of place has been changed, Bombay to Calcutta, Lahore to Chennai, Lahore to Chennai and Section 32clause (2) of IEA, 1872 to Section 26 clause (b) of BSA, 2023.

22. When oral admissions as to contents of documents are relevant.

20. When oral admissions as to contents of documents are relevant.

Change in the name of places given in the illustration.

22A. When oral admissions as to contents of electronic records are relevant.

 

Omitted

23. Admissions in civil cases when relevant. Explanation Nothing in this section shall be taken to exempt any barrister, pleader or attorney or vakil from giving evidence of any matter of which he may be compelled to given evidence under Section 126.

21. Admissions in civil cases when relevant.

Explanation Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-section (1) and (2) of section 132.

The words “barrister, pleader or attorney or vakil” replaced with “advocate”.

Section 126 of IEA, 1872 replaced with “Sub-section (1) and (2) of Section 132” of BSA, 2023.

24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceedings

22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding

 

Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant:

 

Provided further that if such a confession is otherwiserelevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or

when he was drunk, or because itwas made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be

given against him.

The word “coercion” added in marginal heading and in main paragraph.

Section 28 and Section  29 IEA, 1872 added as provisos under Section 22 BSA, 2023.

25. Confession to police officer not to be proved – No confession made to a police officer shall be proved as against a person accused of any offence.

23. Confession to Police officer -                  

(1)     No confession made to a police officer shall be proved as against a person accused of any offence.

(2)      No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:

Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved.

Section 26 IEA, 1872 added as sub-section (2) of Section of 23 BSA, 2023 and Section 27, IEA 1872 added as Proviso to S. 23, BSA 2023.

26. Confession by accused while in custody of police not to be proved against him

23. Confession to police officer

(1) No confession made to a police officer shall be proved as against a person accused of any offence.

(2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him:

Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates

distinctly to the fact discovered, may be proved.

Added under Section 23(2) BSA, 2023.

 

 

Explanation to Section 26, IEA 1872 omitted.

27. How much of information received from accused may be proved

Added as Proviso to Section 23, BSA 2023.

28. Confession made after removal of impression caused by inducement, threat or promise relevant.–

22.Confessioncausedby inducement,threat,coercionorpromise,whenirrelevantincriminalproceeding

Aconfessionmadebyanaccusedpersonisirrelevantinacriminalproceeding,ifthemakingoftheconfessionappearstotheCourttohavebeencausedbyanyinducement,threat,coercionorpromisehavingreferencetothechargeagainsttheaccusedperson,proceedingfromapersoninauthorityandsufficient,intheopinionoftheCourt,togivetheaccusedpersongroundswhichwould appear to him reasonable forsupposingthatbymakingithewouldgainanyadvantageoravoidanyevilofatemporalnatureinreference to the proceedings against him:

Provided that if the confession ismade after the impression caused by any such inducement, threat,coercionorpromisehas,intheopinionoftheCourt,beenfullyremoved,itisrelevant:

Providedfurtherthatifsuchaconfessionisotherwiserelevant,itdoesnotbecomeirrelevantmerelybecauseitwasmadeunder a promise of secrecy, or inconsequenceofadeceptionpractisedontheaccusedpersonfor the purpose of obtaining it, orwhen he was drunk, or because itwas made in answer to questionswhich he need not have answered,whatever may have been the formof those questions, or because hewas not warned that he was notboundtomakesuchconfession,andthatevidenceofitmightbegivenagainsthim.

AddedasS.22proviso1,BSA2023.

29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

AddedasS.22proviso2,BSA2023.

30. Consideration of Proved confession affecting person making it and other jointly under trial for same offence

24.Consideration of proved confession affecting person making it and others jointly under trial for same offence - Explanation I—"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence.

Explanation II—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.

Explanation II has been newly added u/s 24 BSA 2023.

31. Admissions not conclusive proof, but may estop

25. Admission not conclusive proof, but may estop

No change

32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

26. Cases in which statements of facts in issue or relevant fact by person who is dead cannot be found, etc., is relevant

The headings have been removed from sub-sections.

In section 26(g) of BSA, 2023, section 11(a) is mentioned.

33. Relevancy of certain evidence for proving, in subsequent proceedings, the truth of the facts therein stated.

27. Relevancy of certain evidence for proving, in subsequent proceedings, the truth of the facts therein stated.

No change

34. Entries in books of account, including those maintained in anelectronic form when relevant

28. Entries in books of account when relevant.

Marginal heading changed.

35. Relevancy of entry in public record or an electronic record made in performance of duty.

29. Relevancy of entry in public record or an electronic record made in performance of duty 

No change

36. Relevancy of statements in maps, charts and plans.

30. Relevancy of statements in maps, charts and plans.

No change

37. Relevancy of statement as to fact of public nature, contained in certain Acts or notifications. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act ofParliament of the United Kingdom or in any Central Act, Provincial Act or 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.

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications. When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in 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.

The words “Act of Parliament of the United Kingdom”,“Provincial Act” “Crown Representative”, “London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty” are omitted in section  31BSA, 2023.

The words “or in electronic or digital form purporting to be such Gazette” are added.

38. Relevancy of statements as to any law contained in law-books

32. Relevancy of statements as to any law contained in law books including electronic or digitalform.

When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published including in electronic or digital form under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book including in electronic or digital form purporting to be a report ofsuch rulings, is relevant.

The words “including electronic or digital form” added in marginal heading.

The words “including electronic or digital form” added in main paragraph.

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letter or papers.

33. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series or letters or papers.

No change

40. Previous Judgements relevant to bar a second suit or trial.

34. Previous Judgements, relevant to bar a second suit or trial.

No change

41. Relevancy of certain judgements in probate etc., jurisdiction.

35. Relevancy of certain judgements in probate, etc., jurisdiction.

The word “or tribunal” added in main paragraph of Section 35(1) BSA, 2023.

Paragraphs divided into sub-sections

42. Relevancy and effect of judgements, orders or decrees, other than those mentioned in Section 41.

36. Relevancy and effect of judgements, orders or decrees, other than those mentioned in Section 35.

In the marginal heading, Section 41 IEA 1872 substituted with Section 35BSA 2023.

43. Judgements, etc., other than those mentioned in sections 40 to 42, when relevant.

37. Judgements, etc., other than those mentioned in Section 34, 35 and 36 when relevant.

Sections 40 - 42 of IEA, 1872 in marginal heading changed to Section 34, 35 and 36 of BSA, 2023.

 

Sections 40, 41 and 42 of IEA, 1872 changed to Sections 34, 35 and 36 of BSA 2023 in main paragraph.

 

Illustration (b) relating to adultery has been deleted.

44. Fraud or collusion in obtaining judgement or incompetency of Court,may be proved.

38. Fraud or collusion in obtaining judgement, or incompetency of Court, may be proved.

Sections 40, 41 and 42 of IEA 1872 changed to Sections 34, 35 and 36 of BSA, 2023.

45. Opinions of Experts

39. Opinions of Experts

Illustrations.

(a)       The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.

(b)   The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.

(c)       The question is, whether a certain document was written by

A. Another document is produced which is proved or admitted to have been written by A. The opinion of experts on the question whether the two documents were written by the same person or by different persons, are relevant.

 

 

(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000, is a relevant fact.

Explanation —For the purposes of this sub-section, an Examiner ofElectronic Evidence shall be an expert.

Paragraph changed to sub-sections.

Section 45A IEA, 1872 added as Section 39 (2) of BSA 2023 along with explanation and illustration.

45A. Opinion of Examiner of Electronic Evidence.

 

Added as section 39(2) BSA, 2023

46. Facts bearing upon opinions of experts.

40. Facts bearing upon opinions of experts.

No changes

47. Opinion as to handwriting, when relevant.

41. Opinion as to handwriting and signature, when relevant.

 

The words “And signature” added in marginal heading of section 41 of BSA, 2023.

In Illustration –

“London” changed to Itanagar and “Calcutta” changed to

“Bengaluru”.

Section 47A of the Evidence Act has been added to Section 41(2) of BSA 2023.

47A. Opinion as toelectronic signature when relevant

 

Added to Section 41(2) BSA, 2023.

48. Opinion as to existence of right or custom, when relevant

42. Opinion as to existence of general custom or right, when relevant.

The word “general” added in marginal heading of section 42 of BSA, 2023.

49. Opinions as to usages, tenets, etc., when relevant

43. Opinion as to usages, tenets, etc., when relevant

Paragraph changed to clauses such as (i),(ii) and (iii).

50. Opinion on relationship, when relevant

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 or in prosecution under Section 494, 495, 497 or 498 of the Indian Penal Code.

44. Opinion on relationship, when relevant

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869 or in prosecutions under sections 82 and 84  of the Bharatiya Nyaya Sanhita, 2023

IPC, 1860

BNS, 2023

494, 495

82

497

-

398

84

51. Grounds of opinion, when relevant

45. Grounds of opinion, when relevant

No change

52. In civil cases character to prove conduct imputed, irrelevant

46. In civil cases, character to prove conduct imputed, irrelevant

No change

53. In criminal cases, previous good character relevant

47. In criminal cases, previous good character relevant

No change

53A. Evidence of character or previous sexual experience not relevant in certain cases. –

In a prosecution for an offence under Section  354, 354 A, 354 B, 354 C, 354 D, 376, 376 A, 376AB, 376 C, 376D, 376 DA, 376 DB or 376 E of the Indian Penal Code, 1860, or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

48. Evidence of character or previous sexual experience not relevant in certain cases –

In a prosecution for an offence under Section 64, section 65, section 66,section 67, section 68, section 69, section 70, section 71,section 74, section 75, section 76, section 77 or section 78  of the Bharatiya Nagarik Suraksha Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

IPC

BNS

376(1) and 376(2)

64

376(3)

376AB

65

65(2)

376A

66

376B

67

376C

68

-

69

376D, 376DA, 376DB

70

376E

71

354

74

354A

75

354B

76

354C

77

354D

78

54. Previous bad character not relevant, except in reply

49. Previous bad character not relevant, except in reply

No change

55. Character as affecting damages

50. Character as affecting damages

In explanation, sections 52, 53 and 54 of IEA, 1872 changed to sections 46,47,49 of BSA, 2023.

CHAPTER III-FACTS WHICH NEED NOT BE PROVED

56. Fact judicially noticeable need not be proved

51. Fact judicially noticeable need not be proved

No change

57. Facts of which court must take judicial notice – The Court shall take judicial notice of the following facts: ––(1) All laws in force in the territory of India;

(2)    All public Acts passed or hereafter to be passed by Parliament [of the United Kingdom], and all local and personal Acts directed by Parliament of the United Kingdom] to be judicially noticed;

(3)      Articles of War for the Indian Army [Navy or Air Force]

(4)    The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States

(5)       The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;

(6)   All seals of which English Courts take judicial notice: the seals of all the [Courts in India and of all Courts out of India established by the authority of the Central Government or the Crown Representative; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in India;

(7)      The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any official gazette.

 

(8)      The existence, title and national flag of every State or Sovereign recognised by the Government of India;

(9)    The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;

(10)   The territories under the dominion of[the Government of India];

(11)           The commencement, continuance and termination of hostilities between the Government of India and any other State or body of persons;

(12)           The names of the members and officers of the Court, and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorised by law to appear or act before it;

(13) The rule of the road on land or at sea. In all these cases and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference.

If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

52. Facts of which courts shall take judicial notice

(1)  The Court shall take judicial notice of the following facts, namely: —

(a)    all laws in force in the territory of India including laws having extra- territorial operation;

(b)                        international treaty, agreement or convention with country or countries by India, or decisions made by India at the international associations or other bodies;

(c)     the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;

(d)       the seals of all Courts and Tribunals;

(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorized to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India;

(f)         the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette;

(g)            the existence, title and national flag of every country or sovereign recognized by the Government of India;

(h)                        the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;

(i)       the territory of India;

(j)             the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons;

(k)             the names of the members and officers of the Court, and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorized by law to appear or act before it;

(l)         the rule of the road or land or at sea.

 

(2) In the cases referred to in sub- section (1) and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference and if the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.

The word “must” changed to “shall” in the marginal heading.

Sub-Sections (1)- (13) of IEA, 1872 changed to (a) – (k) of BSA, 2023.

 

Sub-section (1) – the phrase “including laws having extra-territorial operation” added.

 

Sub-section (2) changed and Sub-section (3) omitted.

 

Sub-section (4) – “the Parliament of the United Kingdom” omitted and “of the legislatures established under any laws for the time being in force in a Province or in the States” substituted with “of the State Legislatures”

 

Clause (i)is  added.

58. Facts admitted need not be proved

53. Facts admitted need not be proved

No change

CHAPTER IV-OF ORAL EVIDENCE

59. Proof of facts by oral evidence

54. Proof of facts by oral evidence

No change

60. Oral evidence must be direct

55. Oral evidence to be direct

The word “must” isomitted from marginal heading of section 55 of BSA, 2023.

The word “Must” changed to “shall” in the main paragraph.

CHAPTER V-OF DOCUMENTARY EVIDENCE

61. Proof of contents of documents

56. Proof of contents of documents

No change

62. Primary Evidence

57. Primary Evidence –

Explanation 4 —Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence. Explanation 5 —Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.

Explanation 6 —Where a video recording is simultaneously stored in electronic form and transmitted or broadcast ortransferred to another, each of the stored recordings is primary evidence.

Explanation 7—Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary Evidence.

Explanations 4, 5, 6 and 7 are inserted to section 57 of BSA, 2023 which were not present in section 62 of IEA, 1872.

63. Secondary Evidence

58. Secondary Evidence

Clauses (vi), (vii) and (viii) are added to section 58 BSA, 2023.

(vi) oral admissions;

(vii) written admissions;

(viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in theexamination of such documents.

The term “means” omitted from main paragraph.

Clauses (vi), (vii) and (viii) are insertedto section  58of BSA, 2023.

64. Proof of documents by primary evidence

59. Proof of documents by primary evidence

The word “must” has been changed to “shall” in the main paragraph of section 59 of BSA 2023.

65. Cases in which secondary evidence relating to documents may be given.

60. Cases in which secondary evidence relating to documents may be given.

Section 64 of BSA, 2023 has been mentioned in section 60(a)(iii), instead of section 66 of IEA, 1872.

65A. Special provisions as to evidence relating to electronic record

62. Special provisions as to evidence relating to electronic record.

Section 63 of BSA, 2023 has been mentioned in section 62 of BSA, 2023.

IEA

BSA

65B

63

 

61. Electronic or digital record –

Nothing in this Adhiniyam shallapply to deny the admissibility of anelectronic or digital record in theevidence on the ground that it is anelectronic or digital record and suchrecord shall have the same legaleffect, validity and enforceability aspaper records.

S. 61 BSA 2023 has been newly introduced which was earlier not present in the IEA ,1872.

 

S. 65B Admissibility of electronic records.

S. 63 Admissibility of electronic records -

“……

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or Communication device in the ordinary course of the said activities;

(d)the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

 

Explanation - all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly.

 

 

The words “or semiconductor memory” and “or any communication device” are added to section 63(1) of BSA, 2023.

 

In section 63(2)(b), (d) of BSA, 2023 the terms “or communication device” are added.

 

Similarly, in section 63(3) of BSA, 2023, the terms “or communication device” are added.

Moreover, in section 63(3) of BSA,2023, the clauses are added –

“(a) in stand alone mode, or

(b) on a computer system, or

(c) on a computer network, or

(d) on a computer resource enabling information-creation or providing information – processing and storage; or

(e) through an intermediary.

The words “shall be submitted along with the electronic record at each instance where it is being submitted for admissions” are added in section 63(4) of BSA, 2023.

The words “or a communication device referred to in clauses (a) to (e) of sub- section (3)” are added in section 63(4)(b) of BSA, 2023.

The words “in charge of a computer or communication device and an expert” are added to section 63(4)(C) of BSA, 2023.

Section 65B(5) (b) of IEA, 1872  is omitted.

66. Rules as to notice to produce

64. Rules as to notice to produce

Section 60 of BSA, 2023 is mentioned in section 64 of BSA, 2023, instead of section 65(a) of IEA, 1872.

67. Proof of signature and handwriting of person alleged to have signed or written documentproduced.

65. Proof of signature and handwriting of person alleged to have signed or written document

produced.

No change

67A. Proof as to electronic signature

66. Proof as to electronic signature

No change

68. Proof of execution of document required by law to be attested.

67. Proof of execution of document required by law to be attested.

No change

69. Proof where no attesting witness found.

68. Proof where no attesting witnesses found

The phrase “or if the document purports to have been executed in the United Kingdom” appearing in section 69 of IEA, 1872 are omitted.

70. Admission of execution by party to attested document.

69. Admission of execution by party to attested document

No change

71. Proof when attesting witnesses denies the execution.

70. Proof when attesting witness denies the execution.

No change

72. Proof of document not required by law to be attested.

71. Proof of document not required by law to be attested.

No change

73. Comparison of signature, writing or seal with others admitted or proved.

72. Comparison of signature, writing or seal with others admitted or proved.

No change

73A. Proof as to verification of digital signature.

73. Proof as to verification of digital signature

Explanation given in section 73A of IEA, 1872 is omitted.

74. Public Documents

74. Public and Private documents

Section 75 IEA,1872 is now section  74(2) BSA, 2023.

75. Private Documents

-

-

76. Certified copies of public documents

75. Certified copies of public documents

No change

77. Proof of documents by production of certified copies.

76. Proof of documents by production of certified copies

No change

78. Proof of other official documents

77. Proof of other official documents

The following public documents may be proved as follows:— (a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration,— (i) by the records of the Departments, certified by the head of those Departments respectively; or (ii) by any document purporting to be printed by order of any such Government; (b) the proceedings of Parliament or a State Legislative Assembly, by the

journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;

(c)               proclamations, orders or regulations issued by the 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;

(d)    the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some Central Act; (e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

In Section 77(1) of BSA, 2023, the words–“or of the Crown Representative” are omitted .

79. Presumption as to genuineness of certified copies

78. Presumption as to genuineness of certified copies.

The words “or by any officer in the State of Jammu and Kashmir who is duly authorized thereto by the Central Government” are omitted in section 78 of BSA, 2023.

80. Presumption as to documents produced as records of evidence.

79. Presumption as to documents produced as record of evidence, etc.

Paragraph 2 changed to sub-sections.

81. Presumption as to Gazettes, newspapers, private acts of Parliament and other documents.

80. Presumption as to Gazettes, newspapers and other documents.

Explanation—For the purposes of thissection and section 92, document issaid to be in proper custody if it is inthe place in which, and looked afterby the person with whom suchdocument is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or ifthe circumstances of the particularcase are such as to render that origin probable.

The words “Private acts of Parliament”, “London Gazette”, “of any colony, dependency or possession of the British Crown”, “of the United Kingdom printed by the Queen’s Printer” are omitted.

“Explanation” added.

81A. Presumption as to Gazette in electronic forms.

81. Presumption as to Gazettes in electronic or digital records.

Explanation - For the purposes ofthis section and section 96 electronicrecords are said to be in propercustody if they are in the place inwhich, and looked after by theperson with whom such document isrequired to be kept; but no custodyis improper if it is proved to have hada legitimate origin, or thecircumstances of the particular case are such as to render that originprobable.

“Digital records” added in marginal heading and main paragraph.

New Explanation is added to section 81 of BSA, 2023.

82. Presumption as to documents admissible in England without proof of seal or signature.

 

Omitted in BSA, 2023.

83. Presumption as to maps or plans made by authority of government

82. Presumption as to maps or plans made by authority of Government

No change

84. Presumption as to collections of laws and reports of decisions.

83. Presumption as to collections of laws and reports of decisions.

No change

85. Presumption as to powers-of-attorney

84. Presumption as to powers-of- Attorney

No change

85A. Presumption as to electronic agreements.

85. Presumption as to electronic Agreements

No change

85B. Presumption as to electronic records and electronic signatures

86. Presumption as to electronic records and electronic signatures

In section 86(1) of BSA, 2023, the words “electronic record” changed to “Digital signature”.

85C. Presumption as to electronic Signature certificates.

87. Presumption as to electronic Signature certificates.

No change

86. Presumption as to certified copies of foreign judicial records

88. Presumption as to certified copies of foreign judicial records

The phrase “not forming part of India” changed to “outside India”.

The phrase “not forming part of India or her Majesty’s dominions” changed to “outside India”.

87. Presumption as to books, maps and charts.

89. Presumption as to books,

maps and charts.

No change

88. Presumption as to telegraphic messages.

-

Omitted inBSA, 2023

88A. Presumption as to electronic messages.

90. Presumption as to electronic messages.

No change

89. Presumption as to due execution, etc., or documents not produced.

91. Presumption as to due execution, etc., or documents not produced.

No change

90. Presumption as to documents thirty years old

92. Presumption as to documents thirty years old

In explanation, Section 81 of IEA, 1872 changed to S. 80 OF BSA, 2023.

90A. Presumption as to electronic records five years old

93. Presumption as to electronic records five years old.

Section 81 of BSA, 2023 is mentioned in explanation, instead of section 81A of IEA, 1872.

CHAPTER VI-OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE

91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents.

94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents.

No change

92. Exclusion of evidence of oral agreements

95. Exclusion of evidence of oral agreements

Changes in Illustration to section 95 of BSA, 2023.

Illustration (a), “Calcutta to London” changed to “Kolkata to Vishakhapatnam”

Illustration (h) “Rooms, Rs. 200” to “ten thousand rupees a month”.

93. Exclusion of evidence to explain or amend ambiguous document

96. Exclusion of evidence to explain or amend ambiguous document.

Illustration (a), “Rs. 1000 or Rs. 1500” changed to “one lakh rupees or one lakh fifty thousand rupees”.

94. Exclusion of evidence against application of documents to existingfacts.

97. Exclusion of evidence against application of documents to existing facts.

No change

95. Evidence as to document unmeaning in reference to existing facts.

98. Evidence as to document unmeaning in reference to existing facts

No change

96. Evidence as to application of language which can apply to one only of several persons

99. Evidence as to application of language which can apply to one only of several persons

In Illustration(b) of section 99 of BSA, 2023– name of places changed.

97. Evidence as to application of language to one of two sets of facts, to neither of which the wholecorrectly applies

100. evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

No change

98. Evidence as to meaning of illegible characters, etc.

101. Evidence as to meaning of

illegible characters, etc.

No change

99. Who may give evidence of agreement varying term of document

102. Who may give evidence of agreement varying terms of document.

No change

100. Saving of provisions of Indian Succession Act relating to Wills.

103. Saving of provisions of Indian Succession Act relating to Wills.

No change

PART IV PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER VII (OF THE BURDEN OF PROOF)

101. Burden of Proof

104. Burden of Proof

No change

102. On whom burden of proof lies

105. On whom burden of proof lies

No change

103. Burden of proof as to particular fact

106. Burden of proof as to particular fact

No change

104. Burden of proving fact to be proved to make evidence admissible

107. Burden of proving fact to be proved to make evidence Admissible

No change

105. Burden of proving that case of accused comes within exceptions

108. Burden of proving that case of accused comes within exceptions.

Illustration (c) – section 325 of the Bharatiya Nyaya Sanhita 2023, provides that whoever except in the case provided for by Section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under Section 117. The burden of proving the circumstances bringing the case under the sub-section (2) of section 122 lies on A.

In illustration (c), Section 325 of IPC, 1860 changed to S. 117 of BSA, 2023.

Section 335 of IPC, 1860 changed to sub-section (2) of S. 122 of BSA, 2023.

 

 

106. Burden of proving facts especially within knowledge

109. Burden of proving facts especially within knowledge

No change

107. Burden of proving death or persons known to have been alive within thirty years

110. Burden of proving death or persons known to have been alive within thirty years

No change

108. Burden of proving that person is alive who has not been heard of for seven years

111. Burden of proving that person is alive who has not been heard of for seven years

The words “provided that” omitted from section 108 of IEA, 1872.

109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent.

No change

110. Burden of proof as to ownership

113. Burden of proof as to ownership

No change

111. Proof of good faith in transactions where one party is in relation of active confidence

114. Proof of good faith in transactions where one party is in relation of active confidence

No change

111A. Presumption as to certain offences

115. Presumption as to certain offences –

(2) (a) an offence under S. 147, 148,S. 149 or S. 150 of the Bharatiya Nyaya Sanhita, 2023

(b) criminal conspiracy or attempt tocommit, or abetment of an offence

under S. 149 or S. 150of theBharatiya Nyaya Sanhita, 2023.

IPC, 1860

BNS, 2023

121

147

121A

148

122

149

123

150

112. Birth during marriage, conclusive proof of

legitimacy

116. Birth during marriage, conclusive proof of legitimacy

The words “son” changed to “child”.

113. Proof of cession of territory

-

Omitted

113A. Presumption as to abetment of suicide by a married woman

117. Presumption as to abetment of suicide by a married woman

 

In explanation to section 117 of BSA, 2023 – Section 498A of IPC, 1860  changed to Section 86 of the Bharatiya NyayaSanhita, 2023.

113B. Presumption as to Dowry Death.

118. Presumption as to Dowry Death.

 

Section 304-B IPC, 1860 changed to

Section 80 of BNS 2023.

114. Court may presume existence of certain facts

119. Court may presume existence of certain facts

No change

114A. Presumption as to absence of consent in certain prosecution for rape.

120. Presumption as to absence of consent in certain prosecution for rape.

In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.

Explanation - In this section, "sexual intercourse" shall mean acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023.

Section 376 of IPC, 1860 changed to Section 64 of the Bharatiya Nyaya Sanhita, 2023.

 

Section 375 of IPC, 1860 in the Explanation changed to Section 63 of the Bharatiya Nyaya Sahita, 2023.

 

 

CHAPTER VIII-ESTOPPEL

115. Estoppel

121. Estoppel

No change

116. Estoppel of tenant, and of licensee of person in possession

122. Estoppel of tenant, and of licensee of person in possession

No change

117. Estoppel of acceptor of bill of exchange, bailee or licensee

123. Estoppel of acceptor of bill of exchange, bailee or licensee

No change

CHAPTER IX-OF WITNESSES

118. Who may testify

124. Who may testify -

Explanation to section 124 of BSA, 2023 – the phrase “a person of unsound mind” has been used instead of “lunatic”.

119. Witness unable to communicate verbally

125. Witness unable to communicate verbally

No change

120. Parties to civil suit, and their wives or husbands. Husbands or wife of person under criminal trial

126. Competency of husband and wife as witnesses in certain cases.

Marginal heading changed

121. Judges and Magistrates

127. Judges and Magistrates

No change

122. Communication during marriage

128. Communication during marriage

No change

123. Evidence as to affairs of State

129. Evidence as to affairs of State

No change

124.Official Communications

130. Official communications

No change

125. Information as to communications of offences

131. Information as to communications of offences

No change

126.Professional communications

132.Professional Communications

Paragraph 2 added as sub-section (2).

127. Section 126 to apply to interpreters, etc.

 

Section 126 of IEA, 1872 is now Section 132(3) of BSA, 2023.

128. Privilege not waived by volunteering evidence

133. Privilege not waived by volunteering evidence

No change

129. Confidential communications with legal advisers.

134. Confidential communications with legal advisers.

No change

130. Production of title- deeds of witness not a party

135. Production of title-deeds of witness not a party

No change

131. Production of documents or electronic records which another person, having possession, could refuse to produce

136. Production of documents or electronic records which another person, having possession, could refuse to produce

No change

132. Witness not excused from answering on ground that answer will criminate

137. Witness not excused from answering on ground that answer will criminate

No change

133. Accomplice- An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.

138. Accomplice - An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.

The term ‘merely because’ changed to ‘if’ and terms “uncorroborated” testimony changed to “corroborated”.

134. Number of witnesses

139. Number of witnesses

No change

CHAPTER X-OF EXAMINATION OF WITNESSES

135. Order of production and examination of witnesses

140. Order of production and examination of witnesses

No change

136. Judge’s to decide as to admissibility of evidence

141. Judge’s to decide as to admissibility of evidence

Paragraph changed to sub-Sections.

137. Examination-in-chief

142. Examination of witnesses

Examination in chief as defined in section 137 of IEA, 1872 is now Section 142(1) of BSA, 2023.

 

Cross-examination as defined in paragraph 2 of Section 137 IEA, 1872 is now 142(2) of BSA, 2023.

 

Re-examination as defined in paragraph 3 of section 137 of IEA, 1872 is now section 142 (3) BSA 2023.

138. Order of examination

143. Order of examination

Paragraph changed to sub-sections.

In sub-section (2), “examination” changed to “examination-in- chief”.

Heading of “direction of re-examination” is removed.

139. Cross-examination of person called to produce a

Document

144. Cross-examination of person called to produce a document

No change

140. Witness to character

145. Witness to character

No change

141. Leading questions

146. Leading Questions

Section 142 of IEA, 1872 changed to section 146(2) and 146(3) of BSA, 2023. 

 

Section 143 of IEA, 1872 changed to section 146(4) of BSA, 2023.

 

142. When they must not be asked

 

Added u/s 146 (2) and

(3) BSA 2023.

143. When they may be asked

 

Added in S. 146 (4) BSA

2023.

144. Evidence as to matters in writing

147. Evidence as to matters in writing

No change

145. Cross-examination as to previous statements in writing

148. Cross-examination as to previous statements in writing

No change

146. Questions lawful in cross-examination

Provided that in a prosecution for an offence under section 376, section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code, 1860 or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.

149. Questions lawful in cross- examination –

Provided that in a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent

 

IPC, 1860

BNS, 2023

376(1)(2)

64

376(3)

376AB

65

65(2)

376A

66

376B

67

376C

68

-

69

376D

376DA, 376DB

70(1)

70(2)

376E

71

147. When witnesses to be compelled to answer

150. When witnesses to be compelled to answer

Section 132 of IEA, 1872  changed to Section 137 of BSA, 2023.

148. Court to decide when questions shall be asked and when witnesses compelled to answer

151. Court to decide when questions shall be asked and when witnesses compelled to answer

No change

149. Questions not be asked without reasonable grounds

152. Questions not be asked without reasonable grounds

Section 148 of IEA, 1872 changed to Section 151 of BSA, 2023.

Illustration (d) “dakait” changed to “dacoit”.

150. Procedure of court in case of question being asked without reasonable grounds

153. Procedure of court in case of question being asked without reasonable grounds

No change

151. Indecent and Scandalous questions

154. Indecent and Scandalous questions

No change

152. Questions intended to insult or annoy

155. Questions intended to insult or annoy

No change

153. Exclusion of evidence to contradict answers to questions testing veracity

156. Exclusion of evidence to contradict answers to questions testing veracity

Illustration (C), ‘Lahore’ changed to ‘Goa’ and ‘Calcutta’ changed to ‘Varanasi’

154. Questions by party to his own witness

157. Questions by party to his own witness

No change

155. Impeaching credit of witnesses

158. Impeaching credit of witness

Illustration (b), “indicted” changed to “accused”

Illustration (b) change in language.

“Evidence is offered to show that on previous occasion, C said that B, when dying did not declare that A had given B the wound of which he died, the evidence is admissible.”

156. Question tending to corroborate evidence of relevant facts, admissible

159. Question tending to corroborate evidence of relevant facts, admissible

No change

157. Former statements of witness may be proved to corroborate later

testimony as to same fact

160. Former statements of witness may be proved to corroborate later testimony as to same fact

No change

158. What matters may be proved in connection with proved statement relevant under section 32 or 33.

161. What matters may be proved in connection with proved statement relevant under section 26 or 27

In marginal heading, Sections 32 or 33 of IEA, 1872  changed to Sections 26 or 27 of BSA, 2023.

159. Refreshing Memory

162. Refreshing Memory

The word “Provided” added in Paragraph 2 and Paragraph 5.

 

The heading “When witness may use copy of document to refresh memory” is omitted.

160. Testimony to factsstated in document mentioned in Section 159.

163. Testimony to facts stated in document mentioned in Section 162.

In marginal heading, S. 159 of IEA, 1872 changed to S. 162 of BSA,2023.

161. Right of adverse party as to writing used to refresh memory

164. Right of adverse party as to writing used to refresh memory

No change

162. Production of document

165. Production of document –

(3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section Section 198of the Bharatiya Nyaya Sanhita, 2023:

Paragraph changed to sub-sections.

The heading “Translation of Documents” removed.

 

Section 198 of BNS, 2023 is mentioned in 165(3) of BSA, 2023, instead of section 166 IPC, 1860.

163. Giving, as evidence, of document called for and produced of which was refused on notice.

166. Giving, as evidence, or document called for and produced of which was refused on notice.

No change

164. Using, as evidence, document, production of which was refused on Notice

167. Using, as evidence, document, production of which was refused on notice

No change

165. Judge’s power to put questions or order production –

The Judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer given in reply to any such question:

Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved:

Provided also that this section shall not authorize any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any

document, except in the cases hereinbefore excepted.

168. Judge’s power to put questions or order production – The Judge may, in order to discover or obtain proof of relevant facts, ask any question he considers necessary, in any form, at any time, of any witness, or of the parties about any fact; and may order the production of any document or thing; and neither the parties nor their representatives shall be entitled to make any objection to any such question or order, nor, without the leave of the Court, to cross- examine any witness upon any answer given in reply to any such question:

Provided that the exercise of the powers conferred hereinmust be based upon facts declared by this Act to be relevant, and duly proved:

Provided further that this section shall not authorise any Judge to compel any witness to answer any question, or to produce any document which such witness would be entitled to refuse to answer or produce under sections 136 to 140 both inclusive, if the question were asked or the document were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under section 157 or 158; nor shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted.

The word “proper” has been omitted. “pleases” changed to “considers necessary”. The word “relevant or irrelevant” omitted.

“agents” changed to representatives”.

 

 

Section 121 to 131 of IEA, 1872 changed to S. 127 to S. 136 of BSA, 2023

 

Section 148 or S. 149 of IEA, 1872 changed to S. 151 or 152 of BSA, 2023.

166. Power of jury or assessors to put questions

-

Omitted

CHAPTER XI- “OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE”

167. No new trial for

improper admission or rejection of evidence

169. No new trial for improper admission or rejection of evidence

No change

CHAPTER XII-Repeal and Savings

 

170. Repeals and savings –

(1)   The Indian Evidence Act, 1872 is hereby repealed.

(2)     Notwithstanding such repeal, if, immediately before the date on which this Act comes into force, there is any trial, application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Evidence Act, 1872, as in force immediately before such

commencement, as if this Act had not come into force.

Added in the New ACT.