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.
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 the definition of “document” expressly includes information in 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, 27 | 23 |
| Dying declaration | 32 | 26 |
| Opinion of experts | 45 | 39 |
| Competency of witnesses | 118 | 124 |
| Accomplice evidence | 133 | 138 |
| Legal effect of electronic/digital records | 65A | 61 |
| 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.
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? Yes — the BSA gives them the same legal effect as documents (Sections 61–63).
How many sections in the BSA? 170 (vs 167 in the IEA).
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.
