IEA 35→BSA 29

IEA 35 to BSA 29: Relevancy of entry in public record made in performance of duty

Section 35 IEA (1872) replaced by Section 29 BSA (2023)

View IEA Section 35 →View BSA Section 29 →

IEA 35 to BSA 29 at a Glance

Section 35 IEA (Relevancy of entry in public record made in performance of duty) is now Section 29 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 35 to BSA 29?

Section 35 of the Indian Evidence Act, 1872 became Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Relevancy of entry in public record or an electronic record made in performance of duty".

IEA 35 vs BSA 29: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section3529
HeadingRelevancy of entry in public record made in performance of dutyRelevancy of entry in public record or an electronic record made in performance of duty

IEA 35 and BSA 29: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 35, IEA 1872

35. Relevancy of entry in public record made in performance of duty.—An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.
BSA 2023 (in force)

Section 29, BSA 2023

29. Relevancy of entry in public record or an electronic record made in performance of duty.—An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.

When It Applies: IEA 35 vs BSA 29

Under IEA 35
  1. The entry is recorded in a public or official book, register, record, or electronic record.
  2. The entry states either a fact in issue or a relevant fact.
  3. A public servant made the entry while carrying out official duty.
  4. Alternatively, another person made the entry under a duty specially required by the law where the record is kept.
Under BSA 29
  1. The entry is recorded in a public or official book, register, record, or electronic record.
  2. The entry states either a fact in issue or a relevant fact.
  3. A public servant made the entry while carrying out official duty.
  4. Alternatively, another person made the entry under a duty specially required by the law where the record is kept.

What IEA 35 to BSA 29 Means in Practice

The same rule applies without any change in the wording of the section, although the heading in Section 29 BSA adds the words or an electronic record. A person in court should cite Section 29 BSA instead of Section 35 IEA 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 ·