Effective 1 July 2024 — Section Finder + Comparison Table
Evidence Act to BSA — Section Comparison & Finder
Indian Evidence Act, 1872 vs Bharatiya Sakshya Adhiniyam, 2023 — type any Evidence Act section number to get its BSA equivalent instantly, plus a topic-wise comparison table.
Status (as of 2026): The Bharatiya Sakshya Adhiniyam, 2023 came into force with effect from 1 July 2024, replacing the Indian Evidence Act, 1872. No amending Act has been brought into force thereafter.
For reference only: This comparison is a general educational reference and does not constitute legal advice. Always verify from the official Government of India Gazette Notifications or India Code (indiacode.nic.in) before relying on any provision. — ASK Law Xperts, Rohini, Delhi.
Section Finder — Evidence Act Section to BSA Section
Type an Indian Evidence Act 1872 section number (e.g. 65B) to get the corresponding BSA 2023 section instantly.
Section Number
Examples: 65B 65B(4) 25 32 45 154
Repealed
Indian Evidence Act, 1872
167 sections · 152-year-old colonial law · Pre-digital
Replaced by
Bharatiya Sakshya Adhiniyam, 2023
170 sections · Effective 1 July 2024 · Digital focus
Core Change
Electronic = Primary evidence
WhatsApp, emails, digital docs — now primary evidence (S.57). S.63 certificate retained, now in prescribed Schedule form.
| Topic | Indian Evidence Act, 1872 | BSA 2023 |
|---|---|---|
| Electronic Records | S.65A/65B — Secondary evidence; mandatory certificate | S.62-63 — Special provision; S.63 certificate retained Major change |
| WhatsApp / Emails | Secondary evidence; printout + 65B certificate | Admissible as primary evidence in electronic form Enhanced |
| DNA Evidence | Accepted through general expert opinion | S.39 — Admissible as expert opinion under "science or any other field" (DNA not separately named) Retained |
| Dying Declaration | S.32(1) — Admissible | S.26 — Retained (statement as to cause of death, S.26(a)) Renumbered |
| Confession to Police | S.25 — Inadmissible | S.23 — Inadmissible — same rule retained ✅ |
| Burden of Proof | S.101-114 — General rules | S.104-119 — Same structure; S.120 (rape consent) presumption retained Renumbered |
| Hostile Witness | S.154 — Court permission to cross-examine | S.157 — Same, retained Renumbered |
| Expert Opinion | S.45 — Handwriting, science etc. | S.39 — Retained; widened to "any other field"; Examiner of Electronic Evidence opinion added (S.39(2)) Expanded |
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Bar Council of Delhi
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