IEA 115 to BSA 121: Estoppel
Section 115 IEA (1872) replaced by Section 121 BSA (2023)
IEA 115 to BSA 121 at a Glance
Section 115 IEA (Estoppel) is now Section 121 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 115 to BSA 121?
Section 115 of the Indian Evidence Act, 1872 became Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 115 vs BSA 121: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 115 | 121 |
| Heading | Estoppel | Same |
IEA 115 and BSA 121: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 115, IEA 1872
115. Estoppel.—When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.
BSA 2023 (in force)
Section 121, BSA 2023
121. Estoppel.—When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration.
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.
When It Applies: IEA 115 vs BSA 121
Under IEA 115
- One person makes a declaration, performs an act, or makes an omission.
- By doing so, that person intentionally causes or permits another person to believe that a fact is true.
- The other person acts on that belief.
- In a suit or court proceeding involving those parties or their representatives, neither the first person nor a representative of that person can deny that the fact is true.
Under BSA 121
- One person makes a declaration, performs an act, or makes an omission.
- By doing so, that person intentionally causes or permits another person to believe that a fact is true.
- The other person acts on that belief.
- In a suit or court proceeding involving those parties or their representatives, neither the first person nor a representative of that person can deny that the fact is true.
What IEA 115 to BSA 121 Means in Practice
Section 115 IEA became Section 121 BSA on 1 July 2024 without any change in wording. The same rule of estoppel applies, and a party or witness should cite Section 121 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 ·