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BSA 2023 Sections with Evidence Act Equivalents

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024. Its biggest practical change is how electronic evidence is proved: WhatsApp chats, emails, CCTV footage and call records now need the two-part certificate in the Schedule under Section 63.

Reviewed against official texts · Last updated October 2026

15 of 15 key sections

Section 2(1)(d) — Definition of document

Earlier: IEA 3

Expressly includes electronic and digital records such as emails, server logs, messages and documents on devices.

Section 22 — Confession caused by inducement, threat or coercion

Earlier: IEA 24

A confession obtained by inducement, threat, coercion or promise is irrelevant in criminal proceedings.

Section 23 — Confession to police

Earlier: IEA 25, 26, 27

Confession to a police officer, or in police custody (unless before a Magistrate), cannot be proved; information leading to discovery of a fact may be proved.

Section 26 — Dying declaration and statements of unavailable persons

Earlier: IEA 32

Statements of a person who is dead or cannot be found are relevant in listed cases, including the cause of death.

Section 39 — Opinion of experts

Earlier: IEA 45

Expert opinion is relevant, including on any other field as the court considers appropriate.

Section 57 — Primary evidence

Earlier: IEA 62

The document itself; for electronic records, each copy stored simultaneously or sequentially, and records from proper custody, are primary evidence.

Section 58 — Secondary evidence

Earlier: IEA 63

Certified copies, copies made by mechanical processes, oral and written admissions and evidence of a skilled examiner are secondary evidence.

Section 61 — Electronic records not to be denied

Earlier: New

Nothing denies admissibility of an electronic or digital record on the ground that it is electronic; it has the same effect as a paper document, subject to Section 63.

Section 62 — Proof of electronic records

Earlier: IEA 65A

Contents of electronic records may be proved in accordance with Section 63.

Section 63 — Admissibility of electronic records; certificate

Earlier: IEA 65B

A computer output is admissible with a certificate in the Schedule: Part A signed by the person in charge of the device, and Part B by an expert.

Section 104 — Burden of proof

Earlier: IEA 101

Whoever wants the court to give judgment on facts they assert must prove those facts.

Section 117 — Presumption of abetment of suicide of a married woman

Earlier: IEA 113A

Where a woman dies by suicide within 7 years of marriage and was subjected to cruelty, the court may presume abetment.

Section 118 — Presumption of dowry death

Earlier: IEA 113B

Where a woman was subjected to cruelty for dowry soon before death, the court shall presume dowry death.

Section 120 — Presumption of absence of consent in rape

Earlier: IEA 114A

In specified rape prosecutions, if the woman states she did not consent, the court shall presume she did not.

Section 124 — Who may testify

Earlier: IEA 118

All persons are competent unless the court considers them unable to understand questions or give rational answers.

This page explains the law in general terms and is not legal advice. Rates, sections and timelines are taken from official texts; confirm the current position for your facts with an advocate before acting.

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