IEA 45A→BSA 39(2)

IEA 45A to BSA 39(2): Opinion of Examiner of Electronic Evidence

Section 45A IEA (1872) replaced by Section 39(2) BSA (2023)

View IEA Section 45A →View BSA Section 39(2) →

IEA 45A to BSA 39(2) at a Glance

Section 45A IEA (Opinion of Examiner of Electronic Evidence) is now Section 39(2) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 45A to BSA 39(2)?

Section 45A of the Indian Evidence Act, 1872 became Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same, with "this sub-section" for "this section". The opinion of the Examiner of Electronic Evidence now sits inside the general section on experts.

IEA 45A vs BSA 39(2): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section45A39(2)
HeadingOpinion of Examiner of Electronic EvidenceOpinions of experts

IEA 45A and BSA 39(2): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 45A, IEA 1872

45A. Opinion of Examiner of Electronic Evidence.—When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.
BSA 2023 (in force)

Section 39(2), BSA 2023

(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.

When It Applies: IEA 45A vs BSA 39(2)

Under IEA 45A
  1. A court in a proceeding needs to form a view on a matter involving information sent or kept in a computer resource or another digital or electronic format.
  2. An opinion on that matter is given by the Examiner of Electronic Evidence named in Section 79A under the Information Technology Act, 2000.
  3. That opinion is a relevant fact, and the Examiner of Electronic Evidence is treated as an expert.
Under BSA 39(2)

See Section 39 BSA →

What IEA 45A to BSA 39(2) Means in Practice

The same rule applies under the Adhiniyam, and a party should cite Section 39(2) BSA for matters governed by the BSA. The provision on the opinion given by the Examiner of Electronic Evidence sits inside the general section on experts, and the Explanation refers to the sub-section instead of the section.

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 ·