IEA 110→BSA 113

IEA 110 to BSA 113: Burden of proof as to ownership

Section 110 IEA (1872) replaced by Section 113 BSA (2023)

View IEA Section 110 →View BSA Section 113 →

IEA 110 to BSA 113 at a Glance

Section 110 IEA (Burden of proof as to ownership) is now Section 113 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 110 to BSA 113?

Section 110 of the Indian Evidence Act, 1872 became Section 113 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 110 vs BSA 113: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section110113
HeadingBurden of proof as to ownershipSame

IEA 110 and BSA 113: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 110, IEA 1872

110. Burden of proof as to ownership.—When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.
BSA 2023 (in force)

Section 113, BSA 2023

113. Burden of proof as to ownership.—When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

When It Applies: IEA 110 vs BSA 113

Under IEA 110
  1. A court has to decide whether a person is the owner of something.
  2. That person is shown to be in possession of the thing.
  3. Another person who claims that the possessor is not the owner must prove that claim.
Under BSA 113
  1. A court has to decide whether a person is the owner of something.
  2. That person is shown to be in possession of the thing.
  3. Another person who claims that the possessor is not the owner must prove that claim.

What IEA 110 to BSA 113 Means in Practice

Section 110 IEA became Section 113 BSA on 1 July 2024 without any change in wording. The same rule applies, and a person in court should cite Section 113 BSA for matters governed by the BSA.

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 ·