BSA → IEA (new to old)

41 (1)

(1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

47. Opinion as to handwriting, when relevant.

47. When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. Explanation.––A…

41 (2)

(2) When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

47A. Opinion as to digital signature, when relevant.

47A. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the electronic Signature Certificate is a relevant fact.

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

42. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation.—The expression "general custom or right" includes customs or rights…

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

48. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation.––The expression “general custom or right” includes customs or rights…

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

43. When the Court has to form an opinion as to— (i) the usages and tenets of any body of men or family; (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having…

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

49. When the Court has to form an opinion as to–– the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means…

44. Opinion on relationship, when relevant.

44. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such…

50. Opinion on relationship, when relevant.

50. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such…

45. Grounds of opinion, when relevant.

45. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration. An expert may give an account of experiments performed by him for the purpose of forming his opinion.

51. Grounds of opinion, when relevant.

51. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion.

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

46. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

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

52. In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

47. In criminal cases previous good character relevant.

47. In criminal proceedings the fact that the person accused is of a good character, is relevant.

53. In criminal cases previous good character relevant.

53. In criminal proceedings, the fact that the person accused is of a good character, is relevant.

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

48. 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 Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in…

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

53A. In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such…

49. Previous bad character not relevant, except in reply.

49.In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation…

54. Previous bad character not relevant, except in reply.

54. In criminal proceedings, the fact that the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.––This section does not apply to cases in which the bad character of any person is itself a fact in issue.…

50. Character as affecting damages.

50.In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation.—In this section and sections 46, 47 and 49, the word "character" includes both reputation and disposition; but, except as provided in section 49, evidence may be…

55. Character as affecting damages.

55. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation. ––In sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but, except as provided in section 54, evidence may be given only…

51. Fact judicially noticeable need not be proved.

51.No fact of which the Court will take judicial notice need be proved.

56. Fact judicially noticeable need not be proved.

56. No fact of which the Court will take judicial notice need be proved.

52. Facts of which Court shall take judicial notice. (Change)

52.(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 international associations…

57. Facts of which Court must take judicial notice.

57. 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)…

53. Facts admitted need not be proved.

53.No fact needs to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:…

58. Facts admitted need not be proved.

58. No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided…

54. Proof of facts by oral evidence. (Change)

54.All facts, except the contents of documents may be proved by oral evidence.

59. Proof of facts by oral evidence.

59. All facts, except the contents of documents or electronic records, may be proved by oral evidence.

55. Oral evidence to be direct.

55.Oral evidence shall, in all cases whatever, be direct; if it refers to,— (i) a fact which could be seen, it must be the evidence of a witness who says he saw it; (ii) a fact which could be heard, it must be the evidence of a witness who says he heard it; (iii) a fact which could be perceived by any other sense or…

60. Oral evidence must be direct.

60. Oral evidence must, in all cases whatever, be direct; that is to say –– if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; if it refers to a fact which could be…

56. Proof of contents of documents.

56.The contents of documents may be proved either by primary or by secondary evidence.

61. Proof of contents of documents.

61. The contents of documents may be proved either by primary or by secondary evidence.

57. Primary evidence. (Change)

57.Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of the parties…

62. Primary evidence.

62. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1. ––Where a document is executed in several parts, each part is primary evidence of the document. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each…

58. Secondary evidence. (Change)

58.Secondary evidence includes— (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv)…

63. Secondary evidence.

63. Secondary evidence means and includes –– (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original;…

59. Proof of documents by primary evidence.

59.Documents shall be proved by primary evidence except in the cases hereinafter mentioned.

64. Proof of documents by primary evidence.

64. Documents must be proved by primary evidence except in the cases hereinafter mentioned.

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

60.Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: — (a) when the original is shown or appears to be in the possession or power— (i) of the person against whom the document is sought to be proved; or (ii) of any person out of reach of, or not…

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

65. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases: –– (a) when the original is shown or appears to be in the possession or power –– of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the…

61. Electronic or digital record.

61. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.

New Section

New Section

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

62.The contents of electronic records may be proved in accordance with the provisions of section 63.

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

65A. The contents of electronic records may be proved in accordance with the provisions of section 65B.

63. Admissibility of electronic records. (Change)

63. Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in…

65B. Admissibility of electronic records.

65B. 1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions…

64. Rules as to notice to produce. (Change)

64.Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it…

66. Rules as to notice to produce.

66. Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his attorney or pleader, such notice to produce it as is…

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

65.If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting.

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

67. If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.

66. Proof as to electronic signature.

66.Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved.

67A. Proof as to electronic signature.

67A. Except in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record the fact that such electronic signature is the electronic signature of the subscriber must be proved

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

67.If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Provided that it shall not…

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

68. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Provided that it shall not…

68. Proof where no attesting witness found.

68.If no such attesting witness can be found, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

69. Proof where no attesting witness found.

69. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the hand writing of that person.

69. Admission of execution by party to attested document.

69.The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.

70. Admission of execution by party to attested document.

70. The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested.

70. Proof when attesting witness denies execution.

70.If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

71. Proof when attesting witness denies the execution.

71. If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.

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

71.An attested document not required by law to be attested may be proved as if it was unattested.

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

72. An attested document not required by law to be attested may be proved as if it was unattested.

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

72.(1) In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved,…

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

73. In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved,…

73. Proof as to verification of digital signature.

73.In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct— (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed in the Digital…

73A. Proof as to verification of digital signature.

73A. In order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct –– (a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate; (b) any other person to apply the public key listed in the Digital…

74. Public and private documents. (Change)

74.(1) The following documents are public documents:— (a) documents forming the acts, or records of the acts— (i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State…

74. Public documents.

74. The following documents are public documents: –– (1) Documents forming the acts, or records of the acts –– (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country;…

74 (1)

(1) The following documents are public documents:— (a) documents forming the acts, or records of the acts— (i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State or…

74. Public documents.

74. The following documents are public documents: –– (1) Documents forming the acts, or records of the acts –– (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country;…

74 (2)

(2) All other documents except the documents referred to in sub- section (1) are private.

75. Private documents.

75. All other documents are private.

75. Certified copies of public documents.

75.Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the…

76. Certified copies of public documents.

76. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the…

76. Proof of documents by production of certified copies.

76.Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

77. Proof of documents by production of certified copies.

77. Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

77. Proof of other official documents. (Change)

77.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…

78. Proof of other official documents.

78. The following public documents may be proved as follows:–– (1) Acts, orders or notifications of the Central Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government, –– by the records of the departments, certified by the head of those…

78. Presumption as to genuineness of certified copies.

78.(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government: Provided…

79. Presumption as to genuineness of certified copies.

79. The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by Law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any…

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

79.Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person,…

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

80. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused…

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

80.The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from…

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

81. The Court shall presume the genuineness of every document purporting to be the London Gazette or any Official Gazette, or the Government Gazette of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament of the United Kingdom…

80 (Explanation)

Explanation.—For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of…

Explanation of S.90

Explanation of S.90. Explanation.–– Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as…

81. Presumption as to Gazettes in electronic or digital record. (Change)

81.The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced…

81A. Presumption as to Gazettes in electronic forms.

81A. The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.

81 (Explanation)

Explanation.—For the purposes of this section and section 93 electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or the…

Explanation of S. 90A

Explanation of S. 90A. Explanation. –– Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such…

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

82. When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the…

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

82.The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.

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

83. The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.

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

83.The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.

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

84. The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.

84. Presumption as to powers-of-attorney.

84.The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice- Consul, or representative of the Central Government, was so executed and authenticated.

85. Presumptions as to powers-of- attorney.

85. The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.