IEA 49→BSA 43

IEA 49 to BSA 43: Opinion as to usages, tenets, etc., when relevant

Section 49 IEA (1872) replaced by Section 43 BSA (2023)

View IEA Section 49 →View BSA Section 43 →

IEA 49 to BSA 43 at a Glance

Section 49 IEA (Opinion as to usages, tenets, etc., when relevant) is now Section 43 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 49 to BSA 43?

Section 49 of the Indian Evidence Act, 1872 became Section 43 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Government" of a foundation reads "governance", and the list is numbered (i) to (iii).

IEA 49 vs BSA 43: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4943
HeadingOpinion as to usages, tenets, etc., when relevantSame

IEA 49 and BSA 43: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 49, IEA 1872

49. Opinion as to usages, tenets, etc., when relevant.—When the Court has to form an opinion as to— the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon are, relevant facts.
BSA 2023 (in force)

Section 43, BSA 2023

43. Opinion as to usages, tenets, etc., when relevant.—When the Court has to form an opinion as to— (i) the usages and tenets of any body of men or family; (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts.

When It Applies: IEA 49 vs BSA 43

Under IEA 49
  1. The court has to form a view on usages and tenets followed by a family or a body of people.
  2. The court has to form a view on the constitution and the government of a religious foundation or a charitable foundation.
  3. The court has to form a view on what specific words or terms mean in a certain district or among a certain class of people.
  4. The opinion is given by a person who has special means of knowledge about that subject.
Under BSA 43
  1. Under clause (i), the court has to form a view on usages and tenets followed by a family or a body of people.
  2. Under clause (ii), the court has to form a view on the constitution and the governance of a religious foundation or a charitable foundation.
  3. Under clause (iii), the court has to form a view on what specific words or terms mean in a certain district or among a certain class of people.
  4. The opinion is given by a person who has special means of knowledge about that subject.

What IEA 49 to BSA 43 Means in Practice

The same rule applies under Section 43 BSA, so a party or witness in a matter governed by the BSA should cite Section 43 BSA instead of Section 49 IEA. The word government in the clause on religious or charitable foundations was changed to governance, and the list of subjects was numbered (i) to (iii), with no substantive change.

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 ·