BSA 2023 Phase 2 (Sec 51-103): Documentary & Electronic Evidence
BSA 2023 vs IEA 1872 ⚖️
Phase 2: On Proof and Documentary Evidence (Sections 51 to 103)
Executive Summary: Phase 2 (Sections 51-103)
Electronic Records (Section 63)
The most significant change. Old Section 65B of IEA is now Section 63 of BSA. It expands the definition and provides a clearer mandate for certificates.
Primary vs. Secondary
Sections 57 and 58 redefine Primary and Secondary evidence, explicitly including video recordings and stored digital data as primary evidence in specific contexts.
Oral Evidence Rule
The requirement for Oral Evidence to be "Direct" remains (Sec 55), but it is now contextually linked to the expanded definitions of documents in Phase 1.
Exclusion of Oral Evidence
Chapter V (Sec 94-103) maintains the sanctity of written contracts, ensuring oral evidence cannot contradict written terms except in specific instances of ambiguity.
Part II: On Proof
| IEA Sec. | IEA Heading / Description | BSA Sec. | BSA Heading / Description |
|---|---|---|---|
| Chapter III: Facts which need not be proved | |||
| 56 | Fact judicially noticeable need not be proved | 51 | Fact judicially noticeable need not be proved |
| 57 | Facts of which Court must take judicial notice | 52 | Facts of which Court must take judicial notice |
| 58 | Facts admitted need not be proved | 53 | Facts admitted need not be proved |
| Chapter IV: Of Oral Evidence | |||
| 59 | Proof of facts by oral evidence | 54 | Proof of facts by oral evidence |
| 60 | Oral evidence must be direct | 55 | Oral evidence must be direct |
| Chapter V: Of Documentary Evidence | |||
| 61 | Proof of contents of documents | 56 | Proof of contents of documents |
| 62 | Primary Evidence | 57 | Primary Evidence (Includes digital storage/outputs) |
| 63 | Secondary Evidence | 58 | Secondary Evidence (Expanded list) |
| 64 | Proof of documents by primary evidence | 59 | Proof of documents by primary evidence |
| 65 | Cases where secondary evidence may be given | 60 | Cases in which secondary evidence may be given |
| 65A | Special provisions as to evidence - Electronic | 62 | Special provisions as to evidence - Electronic |
| 65B | Admissibility of electronic records | 63 | Admissibility of electronic records Major Change |
| 67 | Proof of signature and handwriting | 64 | Proof of signature and handwriting |
| 67A | Proof as to digital signature | 65 | Proof as to electronic signature |
| 68-71 | Execution of documents required by law to be attested | 66-69 | Proof of execution of attested documents |
| 73 | Comparison of signature/writing/seal | 71 | Comparison of signature, writing or seal with others |
| 74-75 | Public and Private documents | 74-75 | Public and Private documents (Retained indices) |
| 76-78 | Certified copies / Proof of official documents | 76-78 | Certified copies and proof of official documents |
| Presumptions as to Documents | |||
| 79-90 | Presumptions (Genuineness, Gazettes, Maps) | 79-91 | Presumptions as to certified copies and digital records |
| 90A | Presumption as to electronic records (5 yrs old) | 92 | Presumption as to electronic records (Now 5 years) |
| Exclusion of Oral Evidence by Documentary Evidence | |||
| 91 | Evidence of terms of contracts reduced to form of document | 94 | Evidence of terms of contracts, grants and other dispositions |
| 92 | Exclusion of evidence of oral agreement | 95 | Exclusion of evidence of oral agreement |
| 93-98 | Ambiguity in documents (Patent/Latent) | 96-101 | Exclusion of evidence to explain or amend ambiguous documents |
| 100 | Saving of provisions of Indian Succession Act | 103 | Saving of provisions of Indian Succession Act relating to wills |
Explore all phases and comparisons in the central directory:
⚖️ RETURN TO MASTER NAVIGATION HUBDetailed Comparison of BNS, BNSS & BSA