IEA 111→BSA 114

IEA 111 to BSA 114: Proof of good faith in transactions where one party is in relation of active confidence

Section 111 IEA (1872) replaced by Section 114 BSA (2023)

View IEA Section 111 →View BSA Section 114 →

IEA 111 to BSA 114 at a Glance

Section 111 IEA (Proof of good faith in transactions where one party is in relation of active confidence) is now Section 114 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 111 to BSA 114?

Section 111 of the Indian Evidence Act, 1872 became Section 114 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Attorney" reads "advocate" in the illustrations.

IEA 111 vs BSA 114: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section111114
HeadingProof of good faith in transactions where one party is in relation of active confidenceSame

IEA 111 and BSA 114: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 111, IEA 1872

111. Proof of good faith in transactions where one party is in relation of active confidence.—Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations (a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.
BSA 2023 (in force)

Section 114, BSA 2023

114. Proof of good faith in transactions where one party is in relation of active confidence.—Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations. (a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

When It Applies: IEA 111 vs BSA 114

Under IEA 111
  1. A transaction takes place between parties where one party holds a position of active confidence toward the other.
  2. The good faith of that transaction is called into question in a proceeding.
  3. The party holding the position of active confidence must prove that the transaction was made in good faith.
Under BSA 114
  1. A transaction takes place between parties where one party holds a position of active confidence toward the other.
  2. The good faith of that transaction is called into question in a proceeding.
  3. The party holding the position of active confidence must prove that the transaction was made in good faith.

What IEA 111 to BSA 114 Means in Practice

Section 111 IEA became Section 114 BSA on 1 July 2024 with no substantive change, and the word attorney reads advocate in the illustrations. The same rule applies, and a party should cite Section 114 BSA for matters governed by the Adhiniyam.

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 ·