Evidence Act to BSA Section Converter

साक्ष्य अधिनियम से बीएसए धारा परिवर्तक

Since July 1, 2024, the Indian Evidence Act (1872) has been replaced by the Bharatiya Sakshya Adhiniyam (BSA) 2023. Use this converter to find the new BSA section number for any old Evidence Act section. Each entry includes a detailed comparison of provisions and key changes.

IPC to BNS CrPC to BNSS

Preliminary & Definitions

प्रारंभिक एवं परिभाषाएँ

Evidence Act Title BSA Section Changed? Details
1 Short Title, Extent and Commencement 1 No Compare
3 Interpretation Clause (Definitions) 2 Yes Compare
5 Evidence May Be Given of Facts in Issue 3 No Compare

Relevancy of Facts

तथ्यों की सुसंगतता

Evidence Act Title BSA Section Changed? Details
6 Relevancy of Facts Forming Part of Same Transaction (Res Gestae) 4 No Compare
7 Facts Which Are Occasion, Cause or Effect of Facts in Issue 5 No Compare
8 Motive, Preparation and Previous or Subsequent Conduct 6 No Compare
9 Facts Necessary to Explain or Introduce Relevant Facts 7 No Compare
10 Things Said or Done by Conspirator in Reference to Common Design 8 No Compare
11 When Facts Not Otherwise Relevant Become Relevant 9 No Compare
12 In Suits for Damages Facts Tending to Enable Court to Determine Amount 10 No Compare
13 Facts Relevant When Right or Custom Is in Question 11 No Compare
14 Facts Showing Existence of State of Mind or Body 12 No Compare
15 Facts Bearing on Question Whether Act Was Accidental or Intentional 13 No Compare
16 Existence of Course of Business When Relevant 14 No Compare

Admissions

स्वीकृतियाँ

Evidence Act Title BSA Section Changed? Details
17 Admission Defined 15 No Compare
18 Admission by Party to Proceeding 16 No Compare
19 Admissions by Persons Whose Position Must Be Proved 17 No Compare
20 Admissions by Persons Expressly Referred to by Party 18 No Compare
21 Proof of Admissions Against Persons Making Them 19 No Compare
22 When Oral Admissions as to Contents of Documents Are Relevant 20 No Compare
23 Admissions in Civil Cases When Relevant 21 No Compare

Confessions

संस्वीकृतियाँ

Evidence Act Title BSA Section Changed? Details
24 Confession Caused by Inducement, Threat or Promise 22 No Compare
25 Confession to Police Officer Not to Be Proved 23 No Compare
26 Confession by Accused While in Custody of Police 24 No Compare
27 How Much of Information Received from Accused May Be Proved 25 No Compare
28 Confession Made After Removal of Impression Caused by Inducement 26 No Compare
29 Confession Otherwise Relevant Not to Become Irrelevant 27 No Compare
30 Consideration of Proved Confession Affecting Person Making It and Co-Accused 28 No Compare

Statements by Persons Who Cannot Be Called

ऐसे व्यक्तियों के कथन जिन्हें बुलाया नहीं जा सकता

Evidence Act Title BSA Section Changed? Details
32 Cases in Which Statement of Relevant Fact by Person Who Is Dead or Cannot Be Found (Dying Declaration) 30 No Compare
33 Relevancy of Certain Evidence for Proving Subsequent Proceeding 31 No Compare
34 Entries in Books of Account When Relevant 32 No Compare

Expert Opinion

विशेषज्ञ की राय

Evidence Act Title BSA Section Changed? Details
45 Opinions of Experts 39 Yes Compare
46 Facts Bearing Upon Opinions of Experts 40 No Compare
47 Opinion as to Handwriting When Relevant 41 No Compare
48 Opinion as to Existence of Right or Custom 42 No Compare
50 Opinion on Relationship When Relevant 44 No Compare
51 Grounds of Opinion When Relevant 45 No Compare

Documentary Evidence

दस्तावेज़ी साक्ष्य

Evidence Act Title BSA Section Changed? Details
61 Proof of Contents of Documents 56 No Compare
62 Primary Evidence 57 No Compare
63 Secondary Evidence 58 Yes Compare
64 Proof of Documents by Primary Evidence 59 No Compare
65 Cases in Which Secondary Evidence Relating to Documents Is Admissible 60 No Compare
66 Rules as to Notice to Produce 64 No Compare
67 Proof of Signature and Handwriting of Person Alleged to Have Signed 65 No Compare
73 Comparison of Signature, Writing or Seal with Others Admitted or Proved 71 No Compare

Electronic Evidence

इलेक्ट्रॉनिक साक्ष्य

Evidence Act Title BSA Section Changed? Details
65A Special Provisions as to Evidence Relating to Electronic Record 62 Yes Compare
65B Admissibility of Electronic Records 63 Yes Compare
68 Proof of Execution of Document Required by Law to Be Attested 66 No Compare

Public Documents & Certified Copies

लोक दस्तावेज़ एवं प्रमाणित प्रतियाँ

Evidence Act Title BSA Section Changed? Details
74 Public Documents 74 No Compare
76 Certified Copies of Public Documents 75 No Compare
77 Proof of Documents by Production of Certified Copies 76 No Compare
78 Proof of Other Official Documents 77 No Compare

Presumptions as to Documents

दस्तावेज़ों के बारे में उपधारणाएँ

Evidence Act Title BSA Section Changed? Details
79 Presumption as to Genuineness of Certified Copies 78 No Compare
80 Presumption as to Documents Produced as Record of Evidence 79 No Compare
81 Presumption as to Gazettes, Newspapers, etc. 80 No Compare
84 Presumption as to Collections of Laws and Reports of Decisions 83 No Compare
85 Presumption as to Powers of Attorney 84 No Compare
88A Presumption as to Electronic Messages 87 Yes Compare
90 Presumption as to Documents Thirty Years Old 89 No Compare

Burden of Proof

सबूत का भार

Evidence Act Title BSA Section Changed? Details
101 Burden of Proof 101 No Compare
102 On Whom Burden of Proof Lies 102 No Compare
103 Burden of Proof as to Particular Fact 103 No Compare
104 Burden of Proving Fact to Be Proved to Make Evidence Admissible 104 No Compare
105 Burden of Proving That Case Falls Within Exceptions 105 No Compare
106 Burden of Proving Fact Especially Within Knowledge 106 No Compare
111 Proof of Facts Judicially Noticeable Need Not Be Given 111 No Compare

Presumptions

उपधारणाएँ

Evidence Act Title BSA Section Changed? Details
112 Birth During Marriage Conclusive Proof of Legitimacy 112 No Compare
113A Presumption as to Abetment of Suicide by Married Woman 113 No Compare
113B Presumption as to Dowry Death 114 No Compare
114 Court May Presume Existence of Certain Facts 115 No Compare
114A Presumption as to Absence of Consent in Certain Prosecutions for Rape 116 No Compare

Estoppel

प्रतिबंध (एस्टॉपेल)

Evidence Act Title BSA Section Changed? Details
115 Estoppel 117 No Compare
116 Estoppel of Tenant and of Licensee 118 No Compare
117 Estoppel of Acceptor of Bill of Exchange 119 No Compare

Witnesses & Examination

साक्षी एवं परीक्षा

Evidence Act Title BSA Section Changed? Details
118 Who May Testify 120 No Compare
119 Dumb Witnesses 121 No Compare
133 Accomplice 133 No Compare
134 Number of Witnesses 134 No Compare
137 Examination-in-Chief, Cross-Examination, Re-Examination 137 No Compare
138 Order of Examinations 138 No Compare
145 Cross-Examination as to Previous Statements in Writing 145 No Compare
154 Question by Party to Own Witness (Hostile Witness) 154 No Compare
155 Impeaching Credit of Witness 155 No Compare

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Key Changes from Evidence Act to BSA — What Lawyers Need to Know

The Bharatiya Sakshya Adhiniyam (BSA) 2023 replaces the 152-year-old Indian Evidence Act. While many foundational principles of evidence law remain the same, BSA makes significant changes in how electronic evidence is treated, how documents are defined, and how witness testimony is recorded. Here are the changes every practitioner must understand.

MAJOR Electronic Evidence — From Secondary to Primary

  • Primary Evidence Status (Section 57): Electronic records are now treated as primary evidence, not secondary — overturning decades of judicial interpretation that treated electronic records as secondary evidence under Sections 65A/65B
  • Simplified Admissibility: The cumbersome Section 65B certificate requirement has been simplified. BSA Section 57 streamlines the process for admitting electronic records
  • Expanded Digital Evidence: Emails, social media messages, GPS data, server logs, instant messages, website data, and digital photographs are now explicitly recognized as admissible evidence
  • Semiconductor Memory: Information stored in semiconductor memory is now explicitly included in the definition of electronic records
  • Audio-Video Statements: Statements recorded via audio-video electronic means are admissible — crucial for dying declarations, witness depositions, and confessions

CHANGED Expanded Definition of Documents

  • BSA Section 2(1)(d): "Document" now includes electronic and digital records, emails, server logs, documents on computers, laptops, smartphones, and any information stored in semiconductor memory
  • Inscriptions & Caricatures: The definition retains letters, figures, marks on any substance (stone, metal, wood, etc.) and adds electronic equivalents
  • Photographs: Digital photographs are explicitly included, not just physical photographs as under the old Evidence Act

IMPORTANT Witness Examination & Testimony

  • Audio-Visual Examination: Witnesses can be examined through audio-visual electronic means, allowing remote testimony and reducing delays
  • Joint Trials: Audio-visual means recognized for joint trials involving multiple accused across different locations
  • Dying Declaration Recording: Dying declarations can now be recorded via audio-video means (e.g., mobile phone video), not just in writing — critical for hospital/accident scenarios
  • Expert Evidence: Expert opinions can be tendered via electronic means, reducing the need for physical presence

RETAINED Key Provisions That Remain Substantially the Same

  • Relevancy Rules (Sections 5-55 of Evidence Act): The core relevancy framework — res gestae, motive, preparation, conduct — is retained with renumbered sections
  • Confession & Admission (Sections 24-30): Provisions about when confessions are admissible, extra-judicial confessions, and discovery under Section 27 (now BSA 23) remain largely the same
  • Burden of Proof (Sections 101-114): The framework for burden of proof, presumptions, and estoppel continues without material change
  • Privileged Communications (Sections 122-129): Marital privilege, legal professional privilege, and communications with State remain protected

About Section Renumbering

The Indian Evidence Act had 167 sections; BSA has 170 sections. While the increase is modest, all section numbers have changed. For example, Section 27 (discovery from confession) is now Section 23, Section 32 (dying declaration) is now Section 26, and Section 65B (electronic evidence) is now covered by Section 57. The renumbering follows a new organizational structure. Use this converter to quickly find the correct BSA section for any Evidence Act citation in your cases, petitions, and legal research.

Frequently Asked Questions

The Bharatiya Sakshya Adhiniyam (BSA) 2023 is the new Indian law of evidence that replaced the Indian Evidence Act 1872 on 1 July 2024. BSA modernizes evidence law by giving statutory recognition to electronic and digital evidence, expanding the definition of documents to include electronic records, and introducing provisions for audio-video recording of statements and depositions.
Under the old Evidence Act, electronic evidence was governed mainly by Sections 65A and 65B (inserted by IT Act amendment). BSA gives electronic records equal status as primary evidence. BSA Section 57 (replacing Evidence Act Section 65B) simplifies the procedure for admissibility of electronic records. Emails, social media posts, GPS data, and server logs are now explicitly recognized as admissible evidence.
Evidence Act Section 27 (how much of information received from accused may be proved / discovery of fact from confession) corresponds to BSA Section 23. This important provision — that allows discovery of facts from an otherwise inadmissible confession — remains substantively the same. Only the portion of the confession that directly relates to the fact discovered is admissible.
Evidence Act Section 32 (dying declaration / statements of persons who cannot be called as witnesses) corresponds to BSA Section 26. The core provision remains the same — a statement made by a person as to the cause of their death or circumstances of the transaction resulting in death is admissible. BSA now also explicitly allows such statements to be recorded via audio-video electronic means.
Key changes in BSA include: electronic and digital records treated as primary evidence (not just secondary), expanded definition of documents to include emails, server logs, GPS data, and social media posts, mandatory audio-video recording of witness statements in certain cases, simplified procedure for admissibility of electronic evidence, and recognition of joint trials through audio-visual means. The total number of sections reduced from 167 to 170 with reorganization.
BSA applies to proceedings commenced on or after 1 July 2024. For ongoing cases, the Indian Evidence Act 1872 continues to apply. However, where evidence is being recorded after 1 July 2024 in ongoing matters, courts may apply BSA provisions for procedural aspects like electronic evidence admissibility where they are more beneficial.

Disclaimer: The Evidence Act to BSA section mapping provided on this page is for general informational and educational purposes only. It does not constitute legal advice. The Bharatiya Sakshya Adhiniyam 2023 may have introduced changes beyond simple section renumbering. Always consult a qualified advocate or legal professional for advice on specific legal matters. Vakeel360 is not responsible for any consequences arising from the use of this information without proper legal consultation.