IEA 100→BSA 103

IEA 100 to BSA 103: Saving of provisions of Indian Succession Act relating to wills

Section 100 IEA (1872) replaced by Section 103 BSA (2023)

View IEA Section 100 →View BSA Section 103 →

IEA 100 to BSA 103 at a Glance

Section 100 IEA (Saving of provisions of Indian Succession Act relating to wills) is now Section 103 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 100 to BSA 103?

Section 100 of the Indian Evidence Act, 1872 became Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Now cites the Indian Succession Act, 1925, in place of the Indian Succession Act, 1865.

IEA 100 vs BSA 103: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section100103
HeadingSaving of provisions of Indian Succession Act relating to willsSame

IEA 100 and BSA 103: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 100, IEA 1872

100. Saving of provisions of Indian Succession Act relating to wills.—Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act, 1865 (10 of 1865) as to the construction of wills.
BSA 2023 (in force)

Section 103, BSA 2023

103. Saving of provisions of Indian Succession Act relating to wills.—Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills.

When It Applies: IEA 100 vs BSA 103

Under IEA 100
  1. A court or party is dealing with how a will is interpreted under the Indian Succession Act, 1865, which is Act 10 of 1865.
  2. A question arises whether a rule in that Chapter of the Act alters or overrides those succession rules on interpreting wills.
Under BSA 103
  1. A court or party is applying the rules on interpreting a will under the Indian Succession Act, 1925, which is Act 39 of 1925.
  2. A question arises whether a provision in that Chapter of the Adhiniyam alters or limits those succession rules on construing wills.

What IEA 100 to BSA 103 Means in Practice

Section 100 IEA became Section 103 BSA on 1 July 2024, and the word contained was dropped. Section 103 BSA cites the Indian Succession Act, 1925, which is Act 39 of 1925, in place of the Indian Succession Act, 1865, which was Act 10 of 1865. The saving rule for the construction of wills remains the same, and a person in court should cite Section 103 BSA for matters governed by the BSA.

FAQs: IEA 100 to BSA 103

Which succession statute does Section 103 BSA save as compared to Section 100 IEA?▼

The Indian Succession Act, 1925. Section 103 BSA cites the Indian Succession Act, 1925, which is Act 39 of 1925, in place of the Indian Succession Act, 1865, which was Act 10 of 1865 in Section 100 IEA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·