On 1 July 2024, the Bharatiya Sakshya Adhiniyam (BSA), 2023 replaced the Indian Evidence Act, 1872. Section 65B is no longer the electronic-evidence section. This is a quick-reference conversion table, and a companion to our IPC→BNS and CrPC→BNSS guides.
How big is the change?
The Indian Evidence Act had 167 sections; the BSA has 170. The biggest substantive shift is in how electronic and digital evidence is treated.
Section by section, almost every Evidence Act provision carries over with a new number. Only Sections 82 and 166 have no BSA equivalent (Section 2 had been repealed long ago), while Sections 61 and 170 of the BSA are new. Some provisions were merged: Sections 24, 28 and 29 into Section 22; Sections 25 to 27 into Section 23; and Sections 126 and 127 into Section 132.
The headline change: electronic evidence
Under the BSA, electronic and digital records have the same legal status as paper documents — emails, WhatsApp chats, CCTV footage, server logs and cloud data (Sections 61–63). Two points to remember: the old Section 65B certificate is now Section 63 BSA, and that certificate now generally requires two signatures (the person in charge of the device and an expert); and Section 63 expressly covers information stored in optical or magnetic media or semiconductor memory.
Evidence Act → BSA quick reference table
| Provision | IEA | BSA |
|---|---|---|
| Confessions caused by inducement/threat/coercion | 24, 28, 29 | 22 |
| Confession to police / discovery of fact | 25, 26, 27 | 23 |
| Dying declaration | 32 | 26 |
| Opinion of experts | 45 | 39 |
| Competency of witnesses | 118 | 124 |
| Accomplice evidence | 133 | 138 |
| Electronic or digital records have the same legal effect as documents (new) | — | 61 |
| Special provisions on evidence relating to electronic records | 65A | 62 |
| Admissibility of electronic records (certificate) | 65B | 63 |
Exam tip: the most-tested change is 65B IEA → Section 63 BSA — and the new two-signature requirement.
Full Evidence Act → BSA table (all sections)
Every section of the Indian Evidence Act, 1872, in Evidence Act order, with its BSA number. The subject is the BSA section heading as it appears in the official text; “Omitted” means the BSA has no corresponding section. Tip: press Ctrl+F (or “Find in page” on a phone) and type the section number.
| Evidence Act section | BSA section | Subject (BSA heading) |
|---|---|---|
| 1 | 1 | Short title, application and commencement. |
| 2 | — | Omitted — Repeal of enactments (already repealed in 1938) |
| 3 | 2 | Definitions. (merged with IEA 4) |
| 4 | 2 | Definitions. (merged with IEA 3) |
| 5 | 3 | Evidence may be given of facts in issue and relevant facts. |
| 6 | 4 | Relevancy of facts forming part of same transaction. |
| 7 | 5 | Facts which are occasion, cause or effect of facts in issue or relevant facts. |
| 8 | 6 | Motive, preparation and previous or subsequent conduct. |
| 9 | 7 | Facts necessary to explain or introduce fact in issue or relevant facts. |
| 10 | 8 | Things said or done by conspirator in reference to common design. |
| 11 | 9 | When facts not otherwise relevant become relevant. |
| 12 | 10 | Facts tending to enable Court to determine amount are relevant in suits for damages. |
| 13 | 11 | Facts relevant when right or custom is in question. |
| 14 | 12 | Facts showing existence of state of mind, or of body or bodily feeling. |
| 15 | 13 | Facts bearing on question whether act was accidental or intentional. |
| 16 | 14 | Existence of course of business when relevant. |
| 17 | 15 | Admission defined. |
| 18 | 16 | Admission by party to proceeding or his agent. |
| 19 | 17 | Admissions by persons whose position must be proved as against party to suit. |
| 20 | 18 | Admissions by persons expressly referred to by party to suit. |
| 21 | 19 | Proof of admissions against persons making them, and by or on their behalf. |
| 22 | 20 | When oral admissions as to contents of documents are relevant. |
| 23 | 21 | Admissions in civil cases when relevant. |
| 24 | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. (merged with IEA 28, 29) |
| 25 | 23 | Confession to police officer. (merged with IEA 26, 27) |
| 26 | 23 | Confession to police officer. (merged with IEA 25, 27) |
| 27 | 23 | Confession to police officer. (merged with IEA 25, 26) |
| 28 | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. (merged with IEA 24, 29) |
| 29 | 22 | Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding. (merged with IEA 24, 28) |
| 30 | 24 | Consideration of proved confession affecting person making it and others jointly under trial for same offence. |
| 31 | 25 | Admissions not conclusive proof, but may estop. |
| 32 | 26 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. |
| 33 | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. |
| 34 | 28 | Entries in books of account when relevant. |
| 35 | 29 | Relevancy of entry in public record or an electronic record made in performance of duty. |
| 36 | 30 | Relevancy of statements in maps, charts and plans. |
| 37 | 31 | Relevancy of statement as to fact of public nature contained in certain Acts or notifications. |
| 38 | 32 | Relevancy of statements as to any law contained in law books including electronic or digital form. |
| 39 | 33 | What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. |
| 40 | 34 | Previous judgments relevant to bar a second suit or trial. |
| 41 | 35 | Relevancy of certain judgments in probate, etc., jurisdiction. |
| 42 | 36 | Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. |
| 43 | 37 | Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. |
| 44 | 38 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. |
| 45 | 39 | Opinions of experts. (merged with IEA 45A) |
| 45A | 39 | Opinions of experts. (merged with IEA 45) |
| 46 | 40 | Facts bearing upon opinions of experts. |
| 47 | 41 | Opinion as to handwriting and signature, when relevant. (merged with IEA 47A) |
| 47A | 41 | Opinion as to handwriting and signature, when relevant. (merged with IEA 47) |
| 48 | 42 | Opinion as to existence of general custom or right, when relevant. |
| 49 | 43 | Opinion as to usages, tenets, etc., when relevant. |
| 50 | 44 | Opinion on relationship, when relevant. |
| 51 | 45 | Grounds of opinion, when relevant. |
| 52 | 46 | In civil cases character to prove conduct imputed, irrelevant. |
| 53 | 47 | In criminal cases previous good character relevant. |
| 53A | 48 | Evidence of character or previous sexual experience not relevant in certain cases. |
| 54 | 49 | Previous bad character not relevant, except in reply. |
| 55 | 50 | Character as affecting damages. |
| 56 | 51 | Fact judicially noticeable need not be proved. |
| 57 | 52 | Facts of which Court shall take judicial notice. |
| 58 | 53 | Facts admitted need not be proved. |
| 59 | 54 | Proof of facts by oral evidence. |
| 60 | 55 | Oral evidence to be direct. |
| 61 | 56 | Proof of contents of documents. |
| 62 | 57 | Primary evidence. |
| 63 | 58 | Secondary evidence. |
| 64 | 59 | Proof of documents by primary evidence. |
| 65 | 60 | Cases in which secondary evidence relating to documents maybe given. |
| 65A | 62 | Special provisions as to evidence relating to electronic record. |
| 65B | 63 | Admissibility of electronic records. |
| 66 | 64 | Rules as to notice to produce. |
| 67 | 65 | Proof of signature and handwriting of person alleged to have signed or written document produced. |
| 67A | 66 | Proof as to electronic signature. |
| 68 | 67 | Proof of execution of document required by law to be attested. |
| 69 | 68 | Proof where no attesting witness found. |
| 70 | 69 | Admission of execution by party to attested document. |
| 71 | 70 | Proof when attesting witness denies execution. |
| 72 | 71 | Proof of document not required by law to be attested. |
| 73 | 72 | Comparison of signature, writing or seal with others admitted or proved. |
| 73A | 73 | Proof as to verification of digital signature. |
| 74 | 74 | Public and private documents. (merged with IEA 75) |
| 75 | 74 | Public and private documents. (merged with IEA 74) |
| 76 | 75 | Certified copies of public documents. |
| 77 | 76 | Proof of documents by production of certified copies. |
| 78 | 77 | Proof of other official documents. |
| 79 | 78 | Presumption as to genuineness of certified copies. |
| 80 | 79 | Presumption as to documents produced as record of evidence, etc. |
| 81 | 80 | Presumption as to Gazettes, newspapers, and other documents. |
| 81A | 81 | Presumption as to Gazettes in electronic or digital record. |
| 82 | — | Omitted — Presumption as to document admissible in England without proof of seal or signature |
| 83 | 82 | Presumption as to maps or plans made by authority of Government. |
| 84 | 83 | Presumption as to collections of laws and reports of decisions. |
| 85 | 84 | Presumption as to powers-of-attorney. |
| 85A | 85 | Presumption as to electronic agreements. |
| 85B | 86 | Presumption as to electronic records and electronic signatures. |
| 85C | 87 | Presumption as to Electronic Signature Certificates. |
| 86 | 88 | Presumption as to certified copies of foreign judicial records. |
| 87 | 89 | Presumption as to books, maps and charts. |
| 88A | 90 | Presumption as to electronic messages. |
| 89 | 91 | Presumption as to due execution, etc., of documents not produced. |
| 90 | 92 | Presumption as to documents thirty years old. |
| 90A | 93 | Presumption as to electronic records five years old. |
| 91 | 94 | Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. |
| 92 | 95 | Exclusion of evidence of oral agreement. |
| 93 | 96 | Exclusion of evidence to explain or amend ambiguous document. |
| 94 | 97 | Exclusion of evidence against application of document to existing facts. |
| 95 | 98 | Evidence as to document unmeaning in reference to existing facts. |
| 96 | 99 | Evidence as to application of language which can apply to one only of several persons. |
| 97 | 100 | Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. |
| 98 | 101 | Evidence as to meaning of illegible characters, etc. |
| 99 | 102 | Who may give evidence of agreement varying terms of document. |
| 100 | 103 | Saving of provisions of Indian Succession Act relating to wills. |
| 101 | 104 | Burden of proof. |
| 102 | 105 | On whom burden of proof lies. |
| 103 | 106 | Burden of proof as to particular fact. |
| 104 | 107 | Burden of proving fact to be proved to make evidence admissible. |
| 105 | 108 | Burden of proving that case of accused comes within exceptions. |
| 106 | 109 | Burden of proving fact especially within knowledge. |
| 107 | 110 | Burden of proving death of person known to have been alive within thirty years. |
| 108 | 111 | Burden of proving that person is alive who has not been heard of for seven years. |
| 109 | 112 | Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent. |
| 110 | 113 | Burden of proof as to ownership. |
| 111 | 114 | Proof of good faith in transactions where one party is in relation of active confidence. |
| 111A | 115 | Presumption as to certain offences. |
| 112 | 116 | Birth during marriage, conclusive proof of legitimacy. |
| 113A | 117 | Presumption as to abetment of suicide by a married woman. |
| 113B | 118 | Presumption as to dowry death. |
| 114 | 119 | Court may presume existence of certain facts. |
| 114A | 120 | Presumption as to absence of consent in certain prosecution for rape. |
| 115 | 121 | Estoppel. |
| 116 | 122 | Estoppel of tenant and of licensee of person in possession. |
| 117 | 123 | Estoppel of acceptor of bill of exchange, bailee or licensee. |
| 118 | 124 | Who may testify. |
| 119 | 125 | Witness unable to communicate verbally. |
| 120 | 126 | Competency of husband and wife as witnesses in certain cases. |
| 121 | 127 | Judges and Magistrates. |
| 122 | 128 | Communications during marriage. |
| 123 | 129 | Evidence as to affairs of State. |
| 124 | 130 | Official communications. |
| 125 | 131 | Information as to commission of offences. |
| 126 | 132 | Professional communications. (merged with IEA 127) |
| 127 | 132 | Professional communications. (merged with IEA 126) |
| 128 | 133 | Privilege not waived by volunteering evidence. |
| 129 | 134 | Confidential communication with legal advisers. |
| 130 | 135 | Production of title-deeds of witness not a party. |
| 131 | 136 | Production of documents or electronic records which another person, having possession, could refuse to produce. |
| 132 | 137 | Witness not excused from answering on ground that answer will criminate. |
| 133 | 138 | Accomplice. |
| 134 | 139 | Number of witnesses. |
| 135 | 140 | Order of production and examination of witnesses. |
| 136 | 141 | Judge to decide as to admissibility of evidence. |
| 137 | 142 | Examination of witnesses. |
| 138 | 143 | Order of examinations. |
| 139 | 144 | Cross examination of person called to produce a document. |
| 140 | 145 | Witnesses to character. |
| 141 | 146 | Leading questions. (merged with IEA 142, 143) |
| 142 | 146 | Leading questions. (merged with IEA 141, 143) |
| 143 | 146 | Leading questions. (merged with IEA 141, 142) |
| 144 | 147 | Evidence as to matters in writing. |
| 145 | 148 | Cross examination as to previous statements in writing. |
| 146 | 149 | Questions lawful in cross examination. |
| 147 | 150 | When witness to be compelled to answer. |
| 148 | 151 | Court to decide when question shall be asked and when witness compelled to answer. |
| 149 | 152 | Question not to be asked without reasonable grounds. |
| 150 | 153 | Procedure of Court in case of question being asked without reasonable grounds. |
| 151 | 154 | Indecent and scandalous questions. |
| 152 | 155 | Questions intended to insult or annoy. |
| 153 | 156 | Exclusion of evidence to contradict answers to questions testing veracity. |
| 154 | 157 | Question by party to his own witness. |
| 155 | 158 | Impeaching credit of witness. |
| 156 | 159 | Questions tending to corroborate evidence of relevant fact, admissible. |
| 157 | 160 | Former statements of witness may be proved to corroborate later testimony as to same fact. |
| 158 | 161 | What matters may be proved in connection with proved statement relevant under section 26 or 27. |
| 159 | 162 | Refreshing memory. |
| 160 | 163 | Testimony to facts stated in document mentioned in section 162. |
| 161 | 164 | Right of adverse party as to writing used to refresh memory. |
| 162 | 165 | Production of documents. |
| 163 | 166 | Giving, as evidence, of document called for and produced on notice. |
| 164 | 167 | Using, as evidence, of document production of which was refused on notice. |
| 165 | 168 | Judge's power to put questions or order production. |
| 166 | — | Omitted — Power of jury or assessors to put questions |
| 167 | 169 | No new trial for improper admission or rejection of evidence. |
New sections in the BSA (no Evidence Act equivalent)
| BSA section | Subject |
|---|---|
| 61 | Electronic or digital record. |
| 170 | Repeal and savings. |
How this table was checked: every row was matched against the official texts of the BSA (Act 47 of 2023) and the Indian Evidence Act, 1872 on India Code, and against the BSA–Evidence Act correspondence table of the Bureau of Police Research & Development.
What has not changed
The BSA keeps the core doctrines intact: the hearsay rule and its exceptions, the inadmissibility of police confessions, dying declarations (now S.26), and that only the discovery-leading portion of a confession is provable (old S.27, now the S.23 proviso).
For your preparation
Law-of-evidence papers and judicial-service syllabi now reference the BSA. High-yield topics: electronic evidence (61–63), confessions (22–24), dying declaration (26) and burden of proof (104 onwards). Cite the BSA section first.
Prepare with Allahabad Law Agency: our New Criminal Laws range includes the BSA, BNS and BNSS bare acts and student editions, printed with the Evidence-Act-to-BSA concordance. Browse it on allahabadlawagency.com.
FAQ
Section 65B IEA in the BSA? Admissibility of electronic records is now Section 63 BSA.
Which BSA section deals with dying declarations? Section 26 BSA.
Are electronic records primary evidence now? In most situations, yes. Explanations 4 to 7 to Section 57 BSA treat electronic or digital records as primary evidence — for example each file where a record is stored simultaneously or sequentially, or a record produced from proper custody unless it is disputed — and Section 61 gives them the same legal effect as other documents, subject to Section 63.
How many sections in the BSA? 170 (vs 167 in the IEA).
Which Evidence Act sections have no equivalent in the BSA? Section 82 (presumption as to documents admissible in England without proof of seal or signature) and Section 166 (power of jury or assessors to put questions). Section 2 had already been repealed in 1938.
Which BSA sections are new? Section 61 (electronic or digital record) and Section 170 (repeal and savings).
Where is Section 27 of the Evidence Act in the BSA? In the proviso to Section 23(2) BSA — only so much of the information as relates distinctly to the fact discovered may be proved.
Disclaimer: For educational and exam-preparation purposes only; not legal advice. Some provisions are merged or restructured in the BSA and subject to developing case law. Always rely on the current bare act.
