IEA 158→BSA 161

IEA 158 to BSA 161: What matters may be proved in connection with proved statement relevant under section 32 or 33

Section 158 IEA (1872) replaced by Section 161 BSA (2023)

View IEA Section 158 →View BSA Section 161 →

IEA 158 to BSA 161 at a Glance

Section 158 IEA (What matters may be proved in connection with proved statement relevant under section 32 or 33) is now Section 161 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 158 to BSA 161?

Section 158 of the Indian Evidence Act, 1872 became Section 161 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

IEA 158 vs BSA 161: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section158161
HeadingWhat matters may be proved in connection with proved statement relevant under section 32 or 33What matters may be proved in connection with proved statement relevant under section 26 or 27
Cross-referencess.32, s.33s.26, s.27

IEA 158 and BSA 161: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 158, IEA 1872

158. What matters may be proved in connection with proved statement relevant under section 32 or 33.—Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.
BSA 2023 (in force)

Section 161, BSA 2023

161. What matters may be proved in connection with proved statement relevant under section 26 or 27.—Whenever any statement, relevant under section 26 or 27, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination the truth of the matter suggested.

When It Applies: IEA 158 vs BSA 161

Under IEA 158
  1. A statement that is relevant under Section 32 IEA or Section 33 IEA is proved in court.
  2. A party seeks to prove other matters in order to contradict (disprove) or corroborate (support) that proved statement.
  3. A party seeks to prove other matters to impeach (challenge) or confirm (support) the credit of the maker of the statement.
  4. The matter is something that could have been proved if the maker had testified as a witness and denied the truth of the suggested matter during cross-examination.
Under BSA 161
  1. A statement that is relevant under Section 26 BSA or Section 27 BSA is proved in court.
  2. A party seeks to prove other matters in order to contradict (disprove) or corroborate (support) that proved statement.
  3. A party seeks to prove other matters to impeach (challenge) or confirm (support) the credit of the maker of the statement.
  4. The matter is something that could have been proved if the maker had testified as a witness and denied the truth of the suggested matter during cross-examination.

What IEA 158 to BSA 161 Means in Practice

Section 158 IEA became Section 161 BSA on 1 July 2024 with no substantive change. The same rule applies, and a party should cite Section 161 BSA (which refers to Section 26 BSA and Section 27 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 ·