IEA 117 to BSA 123: Estoppel of acceptor of bill of exchange, bailee or licensee
Section 117 IEA (1872) replaced by Section 123 BSA (2023)
IEA 117 to BSA 123 at a Glance
Section 117 IEA (Estoppel of acceptor of bill of exchange, bailee or licensee) is now Section 123 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 117 to BSA 123?
Section 117 of the Indian Evidence Act, 1872 became Section 123 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 117 vs BSA 123: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 117 | 123 |
| Heading | Estoppel of acceptor of bill of exchange, bailee or licensee | Same |
IEA 117 and BSA 123: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 117, IEA 1872
117. Estoppel of acceptor of bill of exchange, bailee or licensee.—No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence.
Explanation (1).—The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.
Explanation (2).—If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.
BSA 2023 (in force)
Section 123, BSA 2023
123. Estoppel of acceptor of bill of exchange, bailee or licensee.—No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence.
Explanation 1.—The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.
Explanation 2.—If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.
When It Applies: IEA 117 vs BSA 123
Under IEA 117
- Applies to a person who accepts a bill of exchange, stopping a denial of the authority of the drawer to draw or endorse it.
- Applies to a bailee, stopping a denial that the bailor had authority to make the bailment when it started.
- Applies to a licensee, stopping a denial that the licensor had authority to grant the licence when the licence started.
Under BSA 123
- Applies to a person who accepts a bill of exchange, stopping a denial of the authority of the drawer to draw or endorse it.
- Applies to a bailee, stopping a denial that the bailor had authority to make the bailment when it started.
- Applies to a licensee, stopping a denial that the licensor had authority to grant the licence when the licence started.
What IEA 117 to BSA 123 Means in Practice
Section 117 IEA became Section 123 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party or witness should cite Section 123 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 ·