HomeAcademic BlockBhartiya Sakshya Adhiniyam, 2023 and Indian Evidence Act, 1872: Key Differences

Bhartiya Sakshya Adhiniyam, 2023 and Indian Evidence Act, 1872: Key Differences

  1. Bare Perusal

IEA , 1872

BSA, 2023









  1. Detailed Matrix 

Tabulation as per :

1). Clause as suggested in the new Act

2). Heading (with minor differences enumerated. Detailed differences to be dealt later)

3). Reflection in the old Act of 1872


Clause in the new BSB, 2023

Title ( and Chapter ) in the Bill

Corresponding provisions in the old Evidence Act of 1872



Chapter 1 : Preliminary

Clause 1 Short Title and Commencement Section 1
Clause 2  Definitions : ( 1 )  
  (a) Court 3(a)
(b) Conclusive Proof 4(c)
(c)  disproved 3 (h)
(d)  document 3 (e)
(e)  evidence 3 (f)
(f)   facts 3 (b)
(g)  facts in issue 3 (d)
(h)  May presume 4 (a)
(i)   Not proved 3 (i)
(j)   proved 3 (g)
(k)  relevant 3 (c)
(l)   Shall presume 4 (b)
(2) : “ Words and Authority Herein “ 3 (k)
Clause in the new BSB, 2023 Title ( and Chapter ) in the Bill  Old Evidence Act of 1872


Chapter II :

Relevancy of Facts


Clause 3 Evidence May be given of facts in issue and relevant facts Section 5

Closely connected facts

Clause 4 Relevancy of facts forming part of same transaction Section 6
Clause 5 Facts which are occasion, cause or effect of facts in issue or relevant facts. Section 7
Clause 6 Motive, preparation and previous or subsequent conduct. Section 8
Clause 7 Facts necessary to explain or introduce fact in issue or relevant facts. Section 9
Clause 8 Things said or done by conspirator in reference to common design Section 10
Clause 9 When facts not otherwise relevant become relevant. Section 11
Clause 10 Facts tending to enable Court to determine amount are relevant in suits for damages. Section 12
Clause 11 Facts relevant when right or custom is in question. Section 13
Clause 12 Facts showing existence of state of mind, or of body or bodily feeling. Section 14
Clause 13 Facts bearing on question whether act was accidental or intentional. Section 15
Clause 14 Existence of course of business when relevant. Section 16
Clause 15 Admission defined Section 17
Clause 16 Admission by party to proceeding or his agent Section 18
Clause 17 Admissions by persons whose position must be proved as against party to suit Section 19
Clause 18 Admissions by persons expressly referred to by party to suit Section 20
Clause 19   Proof of admissions against persons making them, and by or on their behalf Section 21
Clause 20 When oral admissions as to contents of documents are relevant Section 22

22A oral admission as to contents of electronic records
Clause 21 Admissions in civil cases when relevant Section 23
Clause 22 Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding Section 24 – First Part

Section 28 – Proviso (1)

Section 29 – Proviso (2)

Clause 23 Confession to police officer Section 25 – Clause 23 (1)

Section 26 – Clause 23 (2)

Section 27 – Proviso

Clause 24 Consideration of proved confession affecting person making it and others jointly under trial for same offence Section 30
 Clause 25 Admissions not conclusive proof, but may estop Section 31

Statements by persons who cannot be called as witnesses

Clause 26 Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant Section 32
Clause 27 Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated Section 33
Statements made under special circumstances
Clause 28 Entries in books of account when relevant Section 34
Clause 29 Relevancy of entry in public record or an electronic record made in performance of duty Section 35
Clause 30 Relevancy of statements in maps, charts and plans Section 36
Clause 31  Relevancy of statement as to fact of public nature contained in certain Acts or notifications Section 37
Clause 32 Relevancy of statements as to any law contained in law books including electronic or digital form Section 38
How much of a statement is to be proved
Clause 33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers Section 39
Judgments of Courts when relevant  
Clause 34 Previous judgments relevant to bar a second suit or trial Section 40
Clause 35  Relevancy of certain judgments in probate, etc., jurisdiction Section 41
Clause 36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 35 (CLAUSE) Section 42
Clause 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant Section 43
Clause 38  Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved Section 44
  Opinions of third persons when relevant  
Clause 39 Opinions of experts Section 45

45A Opinion of examiner of electronic evidence
Clause 40 Facts bearing upon opinions of experts Section 46
Clause 41 Opinion as to handwriting and signature, when relevant Section 47

47A Opinion as to digital signature
Clause 42 Opinion as to existence of general custom or right, when relevant Section 48
Clause 43 Opinion as to usages, tenets, etc., when relevant Section 49
Clause 44 Opinion on relationship, when relevant Section 50
Clause 45 Grounds of opinion, when relevant Section 51
  Character when Relevant  
Clause 46 In civil cases character to prove conduct imputed, irrelevant Section 52
Clause 47 In criminal cases previous good character relevant Section 53
Clause 48 Evidence of character or previous sexual experience not relevant in certain cases Section 53A
Clause 49 Previous bad character not relevant, except in reply Section 54
Clause 50 Character as affecting damages  Section 55


Chapter III

Facts which need not be proved


Clause 51 Fact judicially noticeable need not be proved Section 56
Clause 52 Facts of which Court shall take judicial notice Section 57
Clause 53 Facts admitted need not be proved Section 58



Clause 54 Proof of facts by oral evidence Section 59
Clause 55 Oral evidence to be direct Section 60


Clause 56 Proof of contents of documents Section 61
Clause 57 Primary Evidence Section 62
Clause 58 Secondary Evidence Section 63
Clause 59 Proof of documents by primary evidence Section 64
Clause 60 Cases in which secondary evidence relating to documents may be given Section 65
Clause 61 Electronic or digital record { NEW ADDITION}
Clause 62 Special provisions as to evidence relating to electronic record Section 65A
Clause 63 Admissibility of electronic records Section 65B
Clause 64 Rules as to notice to produce Section 66
Clause 65 Proof of signature and handwriting of person alleged to have signed or written document produced Section 67
Clause 66 Proof as to electronic signature Section 67A
Clause 67 Proof of execution of document required by law to be attested Section 68
Clause 68 Proof where no attesting witness found Section 69
Clause 69 Admission of execution by party to attested document Section 70
Clause 70 Proof when attesting witness denies execution Section 71
Clause 71 Proof of document not required by law to be attested Section 72
Clause 72 Comparison of signature, writing or seal with others admitted or proved Section 73
 Clause 73 Proof as to verification of digital signature Section 73A
Public Documents
Clause 74 Public and private documents · Section 74 – Public

· Section 75 – Private


Clause 75 Certified copies of public documents Section 76
Clause 76 Proof of documents by production of certified copies Section 77
Clause 77 Proof of other official documents Section 78
  Presumptions as to documents
Clause 78 Presumption as to genuineness of certified copies Section 79
Clause 79 Presumption as to documents produced as record of evidence, etc Section 80
Clause 80 Presumption as to Gazettes, newspapers, and other documents Section 81
Clause 81 Presumption as to Gazettes in electronic or digital record Section 81A
Clause 82 Presumption as to maps or plans made by authority of Government Section 83
Clause 83 Presumption as to collections of laws and reports of decisions Section 84
Clause 84 Presumption as to powers of-attorney Section 85
Clause 85 Presumption as to electronic agreements Section 85A
Clause 86 Presumption as to electronic records and electronic signatures Section 85B
Clause 87 Presumption as to Electronic Signature Certificates Section 85C
Clause 88 Presumption as to certified copies of foreign judicial records Section 86
Clause 89 Presumption as to books, maps and charts Section 87
Clause 90 Presumption as to electronic messages Section 88A
Clause 91 Presumption as to due execution, etc., of documents not produced Section 89
Clause 92 Presumption as to documents thirty years old  Section 90
Clause 93 Presumption as to electronic records five years old  Section 90A



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





Clause 104 Burden of proof Section 101
Clause 105 On whom burden of proof lies Section 102
Clause 106 Burden of proof as to particular fact Section 103
Clause 107 Burden of proving fact to be proved to make evidence admissible Section 104
Clause 108 Burden of proving that case of accused comes within exceptions Section 105
Clause 109 Burden of proving fact especially within knowledge Section 106
Clause 110 Burden of proving death of person known to have been alive within thirty years Section 107
Clause 111 Burden of proving that person is alive who has not been heard of for seven years Section 108
Clause 112 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent Section 109
Clause 113 Burden of proof as to ownership Section 110
Clause 114 Proof of good faith in transactions where one party is in relation of active confidence Section 111
Clause 115 Presumption as to certain offences Section 111A
Clause 116 Birth during marriage, conclusive proof of legitimacy Section 112
Clause 117 Presumption as to abetment of suicide by a married woman Section 113A
Clause 118 Presumption as to dowry death Section 113B
Clause 119 Court may presume existence of certain facts Section 114
Clause 120 Presumption as to absence of consent in certain prosecution for rape Section 114A



Clause 121 Estoppel Section 115
Clause 122 Estoppel of tenant and of licensee of person in possession Section 116
Clause 123 Estoppel of acceptor of bill of exchange, bailee or licensee Section 117



Clause 124 Who may testify Section 118
Clause 125 Witness unable to communicate verbally Section 119
Clause 126 Competency of husband and wife as witnesses in certain cases Section 120
Clause 127 Judges and Magistrates Section 121
Clause 128 Communications during marriage Section 122
Clause 129 Evidence as to affairs of State Section 123
Clause 130 Official communications Section 124
Clause 131 Information as to commission of offences Section 125
Clause 132 Professional communications · Section 126

· Section 127

Clause 133 Privilege not waived by volunteering evidence Section 128
Clause 134 Confidential communication with legal advisers Section 129
Clause 135 Production of title-deeds of witness not a party Section 130
Clause 136 Production of documents or electronic records which another person, having possession, could refuse to produce Section 131
Clause 137 Witness not excused from answering on ground that answer will criminate Section 132
Clause 138 Accomplice Section 133
Clause 139 Number of witnesses Section 134



Clause 140 Order of production and examination of witnesses Section 135
Clause 141 Judge to decide as to admissibility of evidence Section 136
Clause 142 Examination of witnesses Section 137
Clause 143 Order of examinations Section 138
Clause 144 Cross examination of person called to produce a document Section 139
Clause 145  Witnesses to character Section 140
Clause 146 Leading questions · Section 141 – Clause (1)

· Section 142 – Clause (2) and (3)

· Section 143 – Clause (4)

Clause 147  Evidence as to matters in writing Section 144
Clause 148 Cross examination as to previous statements in writing Section 145
Clause 149 Questions lawful in cross examination Section 146
Clause 150 When witness to be compelled to answer Section 147
Clause 151 Court to decide when question shall be asked and when witness compelled to answer Section 148
Clause 152 Question not to be asked without reasonable grounds Section 149
Clause 153 Procedure of Court in case of question being asked without reasonable grounds Section 150
Clause 154 Indecent and scandalous questions Section 151
Clause 155 Questions intended to insult or annoy Section 152
Clause 156 Exclusion of evidence to contradict answers to questions testing veracity Section 153
Clause 157 Question by party to his own witness Section 154
Clause 158 Impeaching credit of witness Section 155
 Clause 159 Questions tending to corroborate evidence of relevant fact, admissible Section 156
Clause 160 Former statements of witness may be proved to corroborate later testimony as to same fact Section 157
Clause 161 What matters may be proved in connection with proved statement relevant under section 26 or 27 Section 158
Clause 162 Refreshing memory Section 159
Clause 163 Testimony to facts stated in document mentioned in section 162 Section 160
Clause 164 Right of adverse party as to writing used to refresh memory Section 161
Clause 165 Production of documents Section 162
Clause 166 Giving, as evidence, of document called for and produced on notice Section 163
Clause 167 Using, as evidence, of document production of which was refused on notice Section 164
Clause 168 Judge’s power to put questions or order production Section 165




Clause 169 No new trial for improper admission or rejection of evidence Section 166



Clause 170  Repeal and Savings {NEW ADDITION}


Law Wire Team
Law Wire Teamhttps://lawwire.in/
Law Wire Team attempts to delve into pertinent (and sometimes not immediately pertinent) questions regarding socio-politics, Law and their interesting matrix.


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