IEA 37→BSA 31

IEA 37 to BSA 31: Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Section 37 IEA (1872) replaced by Section 31 BSA (2023)

View IEA Section 37 →View BSA Section 31 →

IEA 37 to BSA 31 at a Glance

Section 37 IEA (Relevancy of statement as to fact of public nature contained in certain Acts or notifications) is now Section 31 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 37 to BSA 31?

Section 37 of the Indian Evidence Act, 1872 became Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Colonial sources were removed: Acts of the United Kingdom Parliament, the Crown Representative, the London Gazette and the Gazettes of any Dominion or colony. It now covers Central and State Acts and Government notifications in the Official Gazette, and adds printed paper "or in electronic or digital form".

IEA 37 vs BSA 31: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section3731
HeadingRelevancy of statement as to fact of public nature contained in certain Acts or notificationsSame

IEA 37 and BSA 31: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 37, IEA 1872

37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.—When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom or in any Central Act, Provincial Act or a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty is a relevant fact.
BSA 2023 (in force)

Section 31, BSA 2023

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.—When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.

When It Applies: IEA 37 vs BSA 31

Under IEA 37
  1. A court needs to form an opinion on whether a public fact exists.
  2. A statement about that public fact is made in a recital inside a Central Act, a Provincial Act, a State Act, or a United Kingdom Parliament Act.
  3. Alternatively, the recital is inside a Government notification or a Crown Representative notification published in the Official Gazette.
  4. The notification may also appear in a printed paper that purports to be the Gazette of London or a Government Gazette of a Dominion, colony, or royal possession.
Under BSA 31
  1. A court needs to form an opinion on whether a public fact exists.
  2. A statement of that public fact is made in a recital inside a Central Act or a State Act.
  3. Alternatively, the recital is inside a Central Government or State Government notification published in the respective Official Gazette.
  4. The notification may also appear in a printed paper or in a digital or electronic version that purports to be that Official Gazette.

What IEA 37 to BSA 31 Means in Practice

Section 31 BSA replaced Section 37 IEA and removed colonial sources including Acts of the United Kingdom Parliament, notifications by the Crown Representative, the London Gazette, and the Gazettes of any Dominion or colony. For Central and State Government notifications in the Official Gazette, a party in court can rely on a Gazette in digital or electronic form in addition to a printed paper.

FAQs: IEA 37 to BSA 31

What sources were removed when Section 37 IEA became Section 31 BSA?▼

Colonial sources were removed from the rule. These are Acts of the United Kingdom Parliament, notifications by the Crown Representative, the London Gazette, and the Gazettes of any Dominion or colony.

What did Section 31 BSA add to the rule in Section 37 IEA?▼

Section 31 BSA added digital or electronic form alongside printed paper for a publication purporting to be the respective Official Gazette containing a Central or State Government notification.

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 ·