Old code to new code

Evidence Act to BSA: every section and its new equivalent

Pundora · Published 3 October 2026

The Indian Evidence Act, 1872 was replaced on 1 July 2024 by the Bharatiya Sakshya Adhiniyam, 2023. This is the official table, section by section, with each new provision one click from its own words.

Find a section

The table

Evidence Act	BSA	BSA heading
Section 1	Section 1	Short title, application and commencement
Section 3	Section 2(1)(a)	Definitions — old-column verbatim: 3, para 1
Section 3	Section 2(1)(c)	Definitions — old-column verbatim: 3, para 8
Section 3	Section 2(1)(d)	Definitions — old-column verbatim: 3, para 5
Section 3	Section 2(1)(f)	Definitions — old-column verbatim: 3, para 2
Section 3	Section 2(1)(g)	Definitions — old-column verbatim: 3, para 4
Section 3	Section 2(1)(i)	Definitions — old-column verbatim: 3, para 9
Section 3	Section 2(1)(j)	Definitions — old-column verbatim: 3, para 7
Section 3	Section 2(1)(k)	Definitions — old-column verbatim: 3, para 3
Section 4	Section 2(1)(b)	Definitions — old-column verbatim: 4, para 3
Section 4	Section 2(1)(h)	Definitions — old-column verbatim: 4, para 1
Section 4	Section 2(1)(l)	Definitions — old-column verbatim: 4, para 2
Section 5	Section 3	Evidence may be given of facts in issue and relevant facts
Section 6	Section 4	Relevancy of facts forming part of same transaction
Section 7	Section 5	Facts which are occasion, cause or effect of facts in issue or relevant facts
Section 8	Section 6	Motive, preparation and previous or subsequent conduct
Section 9	Section 7	Facts necessary to explain or introduce fact in issue or relevant facts
Section 10	Section 8	Things said or done by conspirator in reference to common design
Section 11	Section 9	When facts not otherwise relevant become relevant
Section 12	Section 10	Facts tending to enable Court to determine amount are relevant in suits for damages
Section 13	Section 11	Facts relevant when right or custom is in question
Section 14	Section 12	Facts showing existence of state of mind, or of body or bodily feeling
Section 15	Section 13	Facts bearing on question whether act was accidental or intentional
Section 16	Section 14	Existence of course of business when relevant
Section 17	Section 15	Admission defined
Section 18	Section 16	Admission by party to proceeding or his agent
Section 19	Section 17	Admissions by persons whose position must be proved as against party to suit
Section 20	Section 18	Admissions by persons expressly referred to by party to suit
Section 21	Section 19	Proof of admissions against persons making them, and by or on their behalf
Section 22	Section 20	When oral admissions as to contents of documents are relevant
Section 23	Section 21	Admissions in civil cases when relevant
Section 24	Section 22(1)	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
Section 25	Section 23(1)	Confession to police officer
Section 26	Section 23(2)	Confession to police officer
Section 27	Section 23	Confession to police officer — Proviso to section 23 24
Section 28	Section 22	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding — First proviso to section 22 Second
Section 29	Section 22	Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding — Second proviso to section 22 23(1)
Section 30	Section 24	Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section 31	Section 25	Admissions not conclusive proof, but may estop
Section 32	Section 26	Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Section 33	Section 27	Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
Section 34	Section 28	Entries in books of account when relevant
Section 35	Section 29	Relevancy of entry in public record or an electronic record made in performance of duty
Section 36	Section 30	Relevancy of statements in maps, charts and plans
Section 37	Section 31	Relevancy of statement as to fact of public nature contained in certain Acts or notifications
Section 38	Section 32	Relevancy of statements as to any law contained in law books including electronic or digital form
Section 39	Section 33	What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
Section 40	Section 34	Previous judgments relevant to bar a second suit or trial
Section 41	Section 35	Relevancy of certain judgments in probate, etc., jurisdiction
Section 42	Section 36	Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Section 43	Section 37	Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
Section 44	Section 38	Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45	Section 39(1)	Opinions of experts
Section 45A	Section 39(2)	Opinions of experts
Section 46	Section 40	Facts bearing upon opinions of experts
Section 47	Section 41(1)	Opinion as to handwriting and signature, when relevant
Section 47A	Section 41(2)	Opinion as to handwriting and signature, when relevant
Section 48	Section 42	Opinion as to existence of general custom or right, when relevant
Section 49	Section 43	Opinion as to usages, tenets, etc., when relevant
Section 50	Section 44	Opinion on relationship, when relevant
Section 51	Section 45	Grounds of opinion, when relevant
Section 52	Section 46	In civil cases character to prove conduct imputed, irrelevant
Section 53	Section 47	In criminal cases previous good character relevant
Section 53A	Section 48	Evidence of character or previous sexual experience not relevant in certain cases
Section 54	Section 49	Previous bad character not relevant, except in reply
Section 55	Section 50	Character as affecting damages
Section 56	Section 51	Fact judicially noticeable need not be proved
Section 57	Section 52	Facts of which Court shall take judicial notice
Section 58	Section 53	Facts admitted need not be proved
Section 59	Section 54	Proof of facts by oral evidence
Section 60	Section 55	Oral evidence to be direct
Section 61	Section 56	Proof of contents of documents
Section 62	Section 57	Primary evidence
Section 63	Section 58	Secondary evidence
Section 64	Section 59	Proof of documents by primary evidence
Section 65	Section 60	Cases in which secondary evidence relating to documents maybe given
Section 65A	Section 62	Special provisions as to evidence relating to electronic record
Section 65B	Section 63	Admissibility of electronic records
Section 66	Section 64	Rules as to notice to produce
Section 67	Section 65	Proof of signature and handwriting of person alleged to have signed or written document produced
Section 67A	Section 66	Proof as to electronic signature
Section 68	Section 67	Proof of execution of document required by law to be attested
Section 69	Section 68	Proof where no attesting witness found
Section 70	Section 69	Admission of execution by party to attested document
Section 71	Section 70	Proof when attesting witness denies execution
Section 72	Section 71	Proof of document not required by law to be attested
Section 73	Section 72	Comparison of signature, writing or seal with others admitted or proved
Section 73A	Section 73	Proof as to verification of digital signature
Section 74	Section 74(1)	Public and private documents
Section 75	Section 74(2)	Public and private documents
Section 76	Section 75	Certified copies of public documents
Section 77	Section 76	Proof of documents by production of certified copies
Section 78	Section 77	Proof of other official documents
Section 79	Section 78	Presumption as to genuineness of certified copies
Section 80	Section 79	Presumption as to documents produced as record of evidence, etc
Section 81	Section 80	Presumption as to Gazettes, newspapers, and other documents
Section 81A	Section 81	Presumption as to Gazettes in electronic or digital record
Section 83	Section 82	Presumption as to maps or plans made by authority of Government
Section 84	Section 83	Presumption as to collections of laws and reports of decisions
Section 85	Section 84	Presumption as to powers-of-attorney
Section 85A	Section 85	Presumption as to electronic agreements
Section 85B	Section 86	Presumption as to electronic records and electronic signatures
Section 85C	Section 87	Presumption as to Electronic Signature Certificates
Section 86	Section 88	Presumption as to certified copies of foreign judicial records
Section 87	Section 89	Presumption as to books, maps and charts
Section 88A	Section 90	Presumption as to electronic messages
Section 89	Section 91	Presumption as to due execution, etc., of documents not produced
Section 90	Section 92	Presumption as to documents thirty years old
Section 90A	Section 93	Presumption as to electronic records five years old
Section 91	Section 94	Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Section 92	Section 95	Exclusion of evidence of oral agreement
Section 93	Section 96	Exclusion of evidence to explain or amend ambiguous document
Section 94	Section 97	Exclusion of evidence against application of document to existing facts
Section 95	Section 98	Evidence as to document unmeaning in reference to existing facts
Section 96	Section 99	Evidence as to application of language which can apply to one only of several persons
Section 97	Section 100	. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
Section 98	Section 101	Evidence as to meaning of illegible characters, etc
Section 99	Section 102	Who may give evidence of agreement varying terms of document
Section 100	Section 103	Saving of provisions of Indian Succession Act relating to wills
Section 101	Section 104	Burden of proof
Section 102	Section 105	On whom burden of proof lies
Section 103	Section 106	Burden of proof as to particular fact
Section 104	Section 107	Burden of proving fact to be proved to make evidence admissible
Section 105	Section 108	Burden of proving that case of accused comes within exceptions
Section 106	Section 109	Burden of proving fact especially within knowledge
Section 107	Section 110	Burden of proving death of person known to have been alive within thirty years
Section 108	Section 111	Burden of proving that person is alive who has not been heard of for seven years
Section 109	Section 112	Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
Section 110	Section 113	Burden of proof as to ownership
Section 111	Section 114	Proof of good faith in transactions where one party is in relation of active confidence
Section 111A	Section 115	Presumption as to certain offences
Section 112	Section 116	Birth during marriage, conclusive proof of legitimacy
Section 113A	Section 117	Presumption as to abetment of suicide by a married woman
Section 113B	Section 118	Presumption as to dowry death
Section 114	Section 119	Court may presume existence of certain facts
Section 114A	Section 120	Presumption as to absence of consent in certain prosecution for rape
Section 115	Section 121	Estoppel
Section 116	Section 122	Estoppel of tenant and of licensee of person in possession
Section 117	Section 123	Estoppel of acceptor of bill of exchange, bailee or licensee
Section 118	Section 124	Who may testify
Section 119	Section 125	Witness unable to communicate verbally
Section 120	Section 126	Competency of husband and wife as witnesses in certain cases
Section 121	Section 127	Judges and Magistrates
Section 122	Section 128	Communications during marriage
Section 123	Section 129	Evidence as to affairs of State
Section 124	Section 130	Official communications
Section 125	Section 131	Information as to commission of offences
Section 126	Section 132(1)	Professional communications
Section 127	Section 132(3)	Professional communications
Section 128	Section 133	Privilege not waived by volunteering evidence
Section 129	Section 134	Confidential communication with legal advisers
Section 130	Section 135	Production of title-deeds of witness not a party
Section 131	Section 136	Production of documents or electronic records which another person, having possession, could refuse to produce
Section 132	Section 137	Witness not excused from answering on ground that answer will criminate
Section 133	Section 138	Accomplice
Section 134	Section 139	Number of witnesses
Section 135	Section 140	Order of production and examination of witnesses
Section 136	Section 141	Judge to decide as to admissibility of evidence
Section 137	Section 142	Examination of witnesses
Section 138	Section 143	Order of examinations
Section 139	Section 144	Cross examination of person called to produce a document
Section 140	Section 145	Witnesses to character
Section 141	Section 146(1)	Leading questions
Section 142	Section 146(2)	Leading questions
Section 143	Section 146(4)	Leading questions
Section 144	Section 147	Evidence as to matters in writing
Section 145	Section 148	Cross examination as to previous statements in writing
Section 146	Section 149	Questions lawful in cross examination
Section 147	Section 150	When witness to be compelled to answer
Section 148	Section 151	Court to decide when question shall be asked and when witness compelled to answer
Section 149	Section 152	Question not to be asked without reasonable grounds
Section 150	Section 153	Procedure of Court in case of question being asked without reasonable grounds
Section 151	Section 154	Indecent and scandalous questions
Section 152	Section 155	Questions intended to insult or annoy
Section 153	Section 156	Exclusion of evidence to contradict answers to questions testing veracity
Section 154	Section 157	Question by party to his own witness
Section 155	Section 158	Impeaching credit of witness
Section 156	Section 159	Questions tending to corroborate evidence of relevant fact, admissible
Section 157	Section 160	Former statements of witness may be proved to corroborate later testimony as to same fact
Section 158	Section 161	What matters may be proved in connection with proved statement relevant under section 26 or 27
Section 159	Section 162	Refreshing memory
Section 160	Section 163	Testimony to facts stated in document mentioned in section 162
Section 161	Section 164	Right of adverse party as to writing used to refresh memory
Section 162	Section 165	Production of documents
Section 163	Section 166	Giving, as evidence, of document called for and produced on notice
Section 164	Section 167	Using, as evidence, of document production of which was refused on notice
Section 165	Section 168	Judge's power to put questions or order production
Section 167	Section 169	No new trial for improper admission or rejection of evidence

New in the BSA

The comparison summary marks these provisions as new, with no Evidence Act equivalent:

Section 2(2): Definitions
Section 61: Electronic or digital record
Section 170: Repeal and savings

Questions advocates ask

What is Evidence Act 65B in the BSA?

Section 65B of the Evidence Act corresponds to section 63 of the BSA (Admissibility of electronic records), according to the Bureau of Police Research and Development's official comparison summary. Read section 63 of the BSA.

What is Evidence Act 27 in the BSA?

Section 27 of the Evidence Act corresponds to section 23 of the BSA (Confession to police officer), according to the Bureau of Police Research and Development's official comparison summary. Read section 23 of the BSA.

What is Evidence Act 45 in the BSA?

Section 45 of the Evidence Act corresponds to section 39(1) of the BSA (Opinions of experts), according to the Bureau of Police Research and Development's official comparison summary. Read section 39 of the BSA.

What is Evidence Act 114 in the BSA?

Section 114 of the Evidence Act corresponds to section 119 of the BSA (Court may presume existence of certain facts), according to the Bureau of Police Research and Development's official comparison summary. Read section 119 of the BSA.

What is Evidence Act 165 in the BSA?

Section 165 of the Evidence Act corresponds to section 168 of the BSA (Judge's power to put questions or order production), according to the Bureau of Police Research and Development's official comparison summary. Read section 168 of the BSA.

Sources

Bureau of Police Research and Development (Ministry of Home Affairs): comparison summary, BSA to Evidence Act (read 1 September 2026)
India Code: Bharatiya Sakshya Adhiniyam, 2023 (read 1 September 2026)

The rows are the official comparison summary's. Where the summary and the Gazette differ, the Gazette governs; a correction sent to contact@pundora.in is made and dated.