IEA 3 Is Now BSA 2: Interpretation-clause, What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	3	2
Heading	Interpretation-clause	Definitions
Sub-sections	2 sub-sections	Same

IEA 3 and BSA 2: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 3, IEA 1872

3. Interpretation-clause.—In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:— “Court”.—“Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. “Fact”.—“Fact” means and includes—(1) anything, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. “Relevant”.—One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. “Facts in issue”.—The expression “facts in issue” means and includes— any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.—Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:— That A caused B’s death; That A intended to cause B’s death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature. “Document”.—“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing is a document; Words printed lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document. “Evidence”.—“Evidence” means and includes — (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence. “Proved”.—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. “Disproved”.—A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. “Not proved”.—A fact is said not to be proved when it is neither proved nor disproved. “India”.—“India” means the territory of India excluding the State of Jammu and Kashmir. the expressions “Certifying Authority”, “electronic signature”, (Electronic Signature Certificate, “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).

BSA 2023 (in force)

Section 2, BSA 2023

2. Definitions.—(1) In this Adhiniyam, unless the context otherwise requires,— (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it; (c) “disproved” in relation to a fact, means when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist; (d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. Illustrations. (i) A writing is a document. (ii) Words printed, lithographed or photographed are documents. (iii) A map or plan is a document. (iv) An inscription on a metal plate or stone is a document. (v) A caricature is a document. (vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents; (e) “evidence” means and includes— (i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence; (ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence; (f) “fact” means and includes— (i) any thing, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. Illustrations. (i) That there are certain objects arranged in a certain order in a certain place, is a fact. (ii) That a person heard or saw something, is a fact. (iii) That a person said certain words, is a fact. (iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact; (g) “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.—Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations. A is accused of the murder of B. At his trial, the following facts may be in issue:— (i) That A caused B's death. (ii) That A intended to cause B's death. (iii) That A had received grave and sudden provocation from B. (iv) That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature; (h) “may presume”.—Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it; (i) “not proved”.—A fact is said to be not proved when it is neither proved nor disproved; (j) “proved”.—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; (k) “relevant”.—A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts; (l) “shall presume”.—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas.

When It Applies: IEA 3 vs BSA 2

Under IEA 3

Applies throughout the Act whenever a defined word or expression appears, unless the context shows a different intention.
Applies to Judges, Magistrates, and other persons with legal authority to take evidence as a Court.
Applies when witnesses give statements that the Court allows or requires on facts under inquiry, treating those statements as oral evidence.
Applies when documents or electronic records are brought for the Court to inspect as documentary evidence, and when the Court decides if a fact is proved, disproved, or not proved.

Under BSA 2

Applies across the Adhiniyam whenever a defined word or expression is used, unless the context requires a different meaning.
Applies to Judges, Magistrates, and persons with legal authority to take evidence as a Court, and treats electronic witness statements as oral evidence.
Applies when documents, including electronic and digital records on computers, smartphones, emails, or server logs, are produced for the Court to inspect as documentary evidence.
Applies when the Court evaluates whether a fact is proved, disproved, or not proved, applies a rule of may presume, shall presume, or conclusive proof, or looks up an undefined term in the linked statutes.

What IEA 3 to BSA 2 Means in Practice

Section 3 IEA became Section 2 BSA on 1 July 2024, placing the definitions of Court, fact, relevant, facts in issue, document, evidence, proved, disproved, and not proved into lettered clauses of Section 2(1) BSA. In Section 2(1) BSA, document includes electronic and digital records, and oral evidence covers statements given electronically. The old definition of India is omitted, and Section 2(2) BSA takes undefined terms from the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Information Technology Act, 2000. The illustration that a person's reputation is a fact is not repeated in Section 2(1)(f) BSA.

FAQs: IEA 3 to BSA 2

How did the definitions of document and evidence change from Section 3 IEA to Section 2 BSA?▼

Section 2(1)(d) BSA expands the definition of document to include electronic and digital records, adding an illustration for emails and server logs, voice mail and website records, locational evidence, and files or messages on computers, laptops, or smartphones. Section 2(1)(e) BSA expands oral evidence to cover witness statements given electronically and documentary evidence to cover electronic or digital records.

What happened to the definition of India and the borrowed definitions in Section 3 IEA?▼

Section 2 BSA drops the definition of India that excluded the State of Jammu and Kashmir under Section 3 IEA. Instead of listing specific expressions from the Information Technology Act, 2000, Section 2(2) BSA states that any word or expression used but not defined in the Adhiniyam takes its meaning from the Information Technology Act, 2000, the BNSS, and the BNS.

IEA 3 to BSA 2: Interpretation-clause

IEA 3 to BSA 2 at a Glance

What Changed From IEA 3 to BSA 2?

IEA 3 vs BSA 2: Comparison Table

IEA 3 and BSA 2: Bare Act Text Side by Side

When It Applies: IEA 3 vs BSA 2

What IEA 3 to BSA 2 Means in Practice

FAQs: IEA 3 to BSA 2