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CORRESPONDENCE TABLE and COMPARISON SUMMARY OF THE
BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN
EVIDENCE ACT, 1872, (IEA) BSA IEA Subject Summary of comparision Section Section 1 1 Short title, application and Indian Evidence Act, 1872 (IEA) provided that it commencement. extended to the whole of India, whereas Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of territorial extent. 2 IEA 3 Definitions. Interpretation clauses, which include words and Interpret expressions and are interpreted in paragraphs in the ation IEA, are now defined under Section 2(1): clause Definitions, where each word and expression is given individual alphabetical clauses. BSA excludes the interpretation of "India" previously given in Section 3 of the IEA. 2(1)(a) 3, para 1 "Court". No change. 2(1)(b) 4, para 3 "conclusive proof". "Act" is replaced with "Adhiniyam". Wherever the word “Act” is used in IEA the word “Adhiniyam” is used in BSA, therefore, this fact will not be specifically mentioned in this table hereinafter. Word "means" is added. 2(1) (c) 3, para 8 "disproved". Words "A fact is said to be disproved" are replaced by "in relation to a fact, means". 2(1)(d) 3, para 5 "document". The words "or otherwise recorded" and "or any other means", "and includes electronic and digital records" are added. 2(1)(e ) 3, para 6 "evidence". "Words" "including statements given electronically" in (e ) (i) and "or digital" in (e ) (ii) are added. 2(1)(f) 3, para 2 "fact". Word "man" is replaced by "person" in illustrations and illustration (e)-"That a man has a certain reputation, is a fact" is now excluded in BSA. 2(1)(g) 3, para 4 "facts in issue". No change. 2(1)(h) 4, para 1 "may presume". No change. 2(1)(i) 3, para 9 "not proved". No change. 2(1)(j) 3, para 7 "proved". No change. 2(1)(k) 3, para 3 "relevant". No change. 2(1)(l) 4, para 2 "shall presume". No change. 2(2) New Words and expressions. Newly added. “Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023, shall have the same meanings as assigned to them in the said Act and Sanhitas.”
proof, but may estop. 26 32 Cases in which statement of Word "namely" is added and headings of relevant fact by person who is subsections are dropped. In illustration word dead or cannot be found, etc., is "ravished" is replaced by "raped" and word "banya" relevant. is replaced by "business". 27 33 Relevancy of certain evidence No change except that word "that" is replaced by for proving, in subsequent "and" in proviso. proceeding, truth of facts therein stated. 28 34 Entries in books of account No change except the words "include those when relevant. maintained in an electronic form" are excluded from the heading.
149 146 Questions lawful in cross- Numbers (1), (2) and (3) are replaced by (a), (b) and examination. (c ). IPC sections are replaced by corresponding BNS sections. 150 147 When witness to be compelled to No change. answer. 151 148 Court to decide when question Word "namely" is added in its subsection (2). shall be asked and when witness compelled to answer. 152 149 Question not to be asked without In illustrations, the words "barrister", "an attorney or reasonable grounds. vakil", "dakait" and "A pleader" are replaced by words "advocate", "another advocate", "dacoit" and "a advocate" respectively. 153 150 Procedure of Court in case of Word "barrister, attorney, pleader or vakil" are question being asked without replaced by "advocate". reasonable grounds. 154 151 Indecent and scandalous No change. questions. 155 152 Questions intended to insult or No change. annoy. 156 153 Exclusion of evidence to "Lahore" and Calcutta" are replaced by "Goa" and contradict answers to questions "Varanasi" respectively. testing veracity. 157 154 Question by party to his own No change. witness. 158 155 Impeaching credit of witness. Numbers (1), (2) and (3) are replaced by (a), (b) and (c). Word "indicted" is replaced by "accused". 159 156 Questions tending to corroborate No change. evidence of relevant fact, admissible. 160 157 Former statements of witness No change. may be proved to corroborate later testimony as to same fact. 161 158 What matters may be proved in No change. connection with proved statement relevant under section 26 or 27. [ section 32 or 33]. 162 159 Refreshing memory. Paragraphs are numbered as subsections (1) and (2). Sub-heading words "When witness may use copy of document to refresh memory" are excluded from subsection (2). Words "Provided that" and "Provided further that" are added in provisos. 163 160 Testimony to facts stated in No change. document mentioned in section 162[159]. 164 161 Right of adverse party as to Word "must" is replaced by "shall". writing used to refresh memory.
165 162 Production of documents. Paragraphs are numbered as subsections (1), (2) and (3)."Provided that" is added in proviso. New proviso is added to the subsection (3). 166 163 Giving, as evidence, of No change. document called for and produced on notice. 167 164 Using, as evidence, of document No change. production of which was refused on notice. 168 165 Judge's power to put questions or Words "proper", "please" and "relevant or order production. irrelevant" are excluded. Word "agents" is replaced by "representatives". 169 167 No new trial for improper No change. admission or rejection of evidence. 170 New Repeal and savings. Newly added.