IEA 130 to BSA 135: Production of title-deeds of witness not a party
Section 130 IEA (1872) replaced by Section 135 BSA (2023)
IEA 130 to BSA 135 at a Glance
Section 130 IEA (Production of title-deeds of witness not a party) is now Section 135 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 130 to BSA 135?
Section 130 of the Indian Evidence Act, 1872 became Section 135 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Pledge" reads "pledgee".
IEA 130 vs BSA 135: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 130 | 135 |
| Heading | Production of title-deeds of witness not a party | Same |
IEA 130 and BSA 135: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 130, IEA 1872
130. Production of title-deeds of witness not a party.—No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledge or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.
BSA 2023 (in force)
Section 135, BSA 2023
135. Production of title-deeds of witness not a party.—No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.
When It Applies: IEA 130 vs BSA 135
Under IEA 130
- Applies to a witness in a suit when that witness is not a party to the suit.
- Applies when the witness is asked to produce title-deeds to any property belonging to the witness.
- Applies when the witness is asked to produce a document under which the witness holds property as pledge or mortgagee.
- Applies when the witness is asked to produce a document whose production could tend to criminate the witness.
Under BSA 135
- Applies to a witness in a suit when that witness is not a party to the suit.
- Applies when the witness is asked to produce title-deeds to any property belonging to the witness.
- Applies when the witness is asked to produce a document under which the witness holds property as pledgee or mortgagee.
- Applies when the witness is asked to produce a document whose production could tend to criminate the witness.
What IEA 130 to BSA 135 Means in Practice
Section 130 IEA became Section 135 BSA on 1 July 2024 with no substantive change, and the word pledge reads pledgee. The same rule applies, and a person in court should cite Section 135 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 ·