IEA 22A→BSA 20

IEA 22A to BSA 20: When oral admission as to contents of electronic records are relevant

Section 22A IEA (1872) replaced by Section 20 BSA (2023)

View IEA Section 22A →View BSA Section 20 →

IEA 22A to BSA 20 at a Glance

Section 22A IEA (When oral admission as to contents of electronic records are relevant) is now Section 20 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 22A to BSA 20?

Section 22A of the Indian Evidence Act, 1872 became Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. This separate rule for electronic records is gone. Section 20 keeps the wording of IEA Section 22, and "document" in Section 2(1)(d) now "includes electronic and digital records", so electronic records fall under the same rule as other documents.

IEA 22A vs BSA 20: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section22A20
HeadingWhen oral admission as to contents of electronic records are relevantWhen oral admissions as to contents of documents are relevant

IEA 22A and BSA 20: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 22A, IEA 1872

22A. When oral admission as to contents of electronic records are relevant.—Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.
BSA 2023 (in force)

Section 20, BSA 2023

20. When oral admissions as to contents of documents are relevant.—Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

When It Applies: IEA 22A vs BSA 20

Under IEA 22A
  1. A spoken admission was offered regarding what an electronic record contained.
  2. Such a spoken admission was not relevant as a general rule.
  3. The spoken admission became relevant if the electronic record was produced and its genuineness was disputed.
Under BSA 20

See Section 20 BSA →

What IEA 22A to BSA 20 Means in Practice

Section 22A IEA became Section 20 BSA, and the separate rule for electronic records is gone. Under Section 2(1)(d) BSA, the term document includes electronic and digital records, so electronic records fall under the same rule as other documents. Under Section 20 BSA, which keeps the wording of Section 22 IEA, spoken admissions about contents are relevant both when the genuineness of a produced document is disputed and when a party shows entitlement to give secondary evidence.

FAQs: IEA 22A to BSA 20

Does Section 20 BSA add a ground for proving spoken admissions about electronic records compared to Section 22A IEA?▼

Yes. Section 22A IEA made spoken admissions relevant only when the genuineness of a produced electronic record was disputed. Under Section 20 BSA, spoken admissions are also relevant once the party seeking to prove them shows entitlement to give secondary evidence.

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 ·