BSA 2023 Phase 1 (Sec 1-50): Comprehensive Section-wise Mapping
BSA 2023 vs IEA 1872 ⚖️
Phase 1: Exhaustive Section-by-Section Comparison (1 to 50)
Executive Summary: Phase 1 (Sections 1-50)
Digital Primacy
Section 2 of BSA now treats "Electronic and Digital Records" as substantive evidence, removing the ambiguity of whether digital data qualifies as a "document."
Structural Consolidation
Multiple IEA sections (like 24, 25, 26) regarding confessions have been merged or streamlined into BSA Sections 22 and 23 to improve clarity.
Modernized Definitions
Presumptions (May/Shall/Conclusive) are now embedded directly within the Definition clause (Sec 2), making the "ground rules" accessible in one place.
Expert Opinion Shift
The relevancy of expert opinions (including Digital Forensic Experts) has moved from Sec 45 to Sec 39-40, highlighting technical evidence.
Part I: Relevancy of Facts
| IEA Sec. | IEA Heading / Description | BSA Sec. | BSA Heading / Description |
|---|---|---|---|
| Chapter I: Preliminary | |||
| 1 | Short title, extent and commencement | 1 | Short title, application and commencement |
| 3 | Interpretation-clause (Definitions) | 2 | Definitions (Consolidated and includes Digital Records) |
| 4 | "May presume", "Shall presume", "Conclusive proof" | 2(2) | Presumptions (Moved within definitions) |
| Chapter II: Relevancy of Facts | |||
| 5 | Evidence of facts in issue and relevant facts | 3 | Evidence may be given of facts in issue and relevant facts |
| 6 | Relevancy of facts forming part of same transaction | 4 | Relevancy of facts forming part of same transaction (Res Gestae) |
| 7 | Facts which are occasion, cause or effect | 5 | Facts which are occasion, cause or effect |
| 8 | Motive, preparation and conduct | 6 | Motive, preparation and previous or subsequent conduct |
| 9 | Facts necessary to explain or introduce facts | 7 | Facts necessary to explain or introduce relevant facts |
| 10 | Things said/done by conspirator in common design | 8 | Things said or done by conspirator in reference to common design |
| 11 | When facts not otherwise relevant become relevant | 9 | When facts not otherwise relevant become relevant |
| 12 | In suits for damages, facts tending to determine amount | 10 | In suits for damages, facts tending to enable Court to determine amount |
| 13 | Facts relevant when right or custom is in question | 11 | Facts relevant when right or custom is in question |
| 14 | Facts showing existence of state of mind/body | 12 | Facts showing existence of state of mind, or of body or bodily feeling |
| 15 | Facts bearing on question of accidental or intentional | 13 | Facts bearing on question whether act was accidental or intentional |
| 16 | Existence of course of business when relevant | 14 | Existence of course of business when relevant |
| Admissions and Confessions | |||
| 17 | Admission defined | 15 | Admission defined |
| 18 | Admission by party to proceeding or his agent | 16 | Admission by party to proceeding or his agent |
| 19 | Admissions by persons whose position must be proved | 17 | Admissions by persons whose position must be proved as against party to suit |
| 20 | Admissions by persons expressly referred to by party | 18 | Admissions by persons expressly referred to by party to suit |
| 21 | Proof of admissions against persons making them | 19 | Proof of admissions against persons making them, and by or on their behalf |
| 22-23 | Admissions as to contents of documents/wills | 20-21 | When oral admissions as to contents of documents/electronic records relevant |
| 24-26 | Confessions (Inducement / Police / Custody) | 22-23 | Consolidated: Confession to police not to be proved. |
| 27 | How much of info from accused may be proved | 24 | How much of information received from accused may be proved |
| 30 | Consideration of proved confession affecting joint trial | 25 | Consideration of proved confession affecting person making it and others jointly under trial |
| Statements by Persons who cannot be called as Witnesses | |||
| 32 | Dying Declarations & Statements in ordinary course | 26 | Cases in which statement of relevant fact by person who is dead etc. is relevant |
| 33 | Relevancy of evidence for proving in subsequent proceeding | 27 | Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts |
| 34 | Entries in books of account when relevant | 28 | Entries in books of account, including those maintained in digital form, when relevant |
| 35 | Relevancy of entry in public record | 29 | Relevancy of entry in public record or an electronic record made in performance of duty |
| Opinions of Third Persons (Experts) | |||
| 45 | Opinions of experts | 39 | Opinions of experts |
| 45A | Opinion of Examiner of Electronic Evidence | 40 | Opinion of Examiner of Electronic Evidence Digital Focus |
| 46 | Facts bearing upon opinions of experts | 41 | Facts bearing upon opinions of experts |
| 47 | Opinion as to handwriting | 42 | Opinion as to handwriting, when relevant |
| 48 | Opinion as to existence of right or custom | 43 | Opinion as to existence of general right or custom, when relevant |
| Character when Relevant | |||
| 52 | In civil cases character to prove conduct irrelevant | 46 | In civil cases character to prove conduct imputed, irrelevant |
| 53 | In criminal cases previous good character relevant | 47 | In criminal cases previous good character relevant |
| 54 | Previous bad character not relevant, except in reply | 49 | Previous bad character not relevant, except in reply |
| 55 | Character as affecting damages | 50 | Character as affecting damages |
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