IEA 38→BSA 32

IEA 38 to BSA 32: Relevancy of statements as to any law contained in law-books

Section 38 IEA (1872) replaced by Section 32 BSA (2023)

View IEA Section 38 →View BSA Section 32 →

IEA 38 to BSA 32 at a Glance

Section 38 IEA (Relevancy of statements as to any law contained in law-books) is now Section 32 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 38 to BSA 32?

Section 38 of the Indian Evidence Act, 1872 became Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Law books now count "including in electronic or digital form", in the heading and the text.

IEA 38 vs BSA 32: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section3832
HeadingRelevancy of statements as to any law contained in law-booksRelevancy of statements as to any law contained in law books including electronic or digital form

IEA 38 and BSA 32: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 38, IEA 1872

38. Relevancy of statements as to any law contained in law-books.—When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book purporting to be a report of such rulings, is relevant.
BSA 2023 (in force)

Section 32, BSA 2023

32. Relevancy of statements as to any law contained in law books including electronic or digital form.—When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published including in electronic or digital form under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book including in electronic or digital form purporting to be a report of such rulings, is relevant.

When It Applies: IEA 38 vs BSA 32

Under IEA 38
  1. A court needs to form an opinion about a law of any country.
  2. A statement of that law appears in a book that purports to contain the law and to be published or printed with the authority of that Government.
  3. Alternatively, a report of a ruling by the courts of that country appears in a book that purports to report rulings of those courts.
Under BSA 32
  1. A court needs to form an opinion about a law of any country.
  2. A statement of that law appears in a book that purports to contain the law and to be published or printed, including in a digital or electronic format, with the authority of that Government.
  3. Alternatively, a report of a ruling by the courts of that country appears in a book, including in a digital or electronic format, that purports to report rulings of those courts.

What IEA 38 to BSA 32 Means in Practice

Section 32 BSA replaced Section 38 IEA and extended the rule for law books and court ruling reports to include books in digital or electronic form. A party asking a court to form an opinion on the law of any country can rely on qualifying law books and law reports in electronic or digital format as well as print.

FAQs: IEA 38 to BSA 32

What changed when Section 38 IEA became Section 32 BSA?▼

Section 32 BSA added electronic or digital form to both the heading and the text for books containing statements of a law of any country and books containing reports of rulings of the courts of that country.

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 ·