1 July 2024

Evidence Act to BSA: section by section

Every one of the 185 provisions of the Indian Evidence Act, 1872, against the provision of the Bharatiya Sakshya Adhiniyam, 2023 whose text is closest to it. Both regimes are live: an offence committed before 1 July 2024 is still charged, tried and appealed under the old law.

IPC to BNSCrPC to BNSSEvidence Act to BSAIncome-tax 1961 to 2025

Provisions 185 Carried over 155 Close 20 Distant 4 No close match 6

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

How this table was made, and what it is not

There is no official machine-readable correspondence between the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023. The Ministry published comparison charts for human readers; nothing exists that a computer can check. So this is not an official mapping and we do not present it as one.

What it measures is how alike the text of two provisions is. For each provision of the old enactment we compare its words against every provision of the new one and report the closest, with the score. That works here because the new codes are largely a renumbering rather than a rewrite: where a provision carried over near-verbatim the match is self-evidencing, and you can see it for yourself, because both texts are set out side by side on every entry.

Where the law genuinely changed, the score falls and the entry says no close match found rather than offering a guess. Those entries matter: they are where the reform actually did something.

Check before you cite. A high score means the words are alike, not that a court has held the provisions equivalent. For that, read both texts and the Gazette.

The other transitions

Read the Indian Evidence Act, 1872 Read the Bharatiya Sakshya Adhiniyam, 2023

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. The old codes are recovered from the consolidated texts published by India Code; the new ones come from the enactments as published. This page is not a substitute for legal advice.