IEA 59→BSA 54

IEA 59 to BSA 54: Proof of facts by oral evidence

Section 59 IEA (1872) replaced by Section 54 BSA (2023)

View IEA Section 59 →View BSA Section 54 →

IEA 59 to BSA 54 at a Glance

Section 59 IEA (Proof of facts by oral evidence) is now Section 54 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 59 to BSA 54?

Section 59 of the Indian Evidence Act, 1872 became Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words "or electronic records" were dropped. "Document" in Section 2(1)(d) now "includes electronic and digital records".

IEA 59 vs BSA 54: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section5954
HeadingProof of facts by oral evidenceSame

IEA 59 and BSA 54: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 59, IEA 1872

59. Proof of facts by oral evidence.—All facts, except the contents of documents or electronic records, may be proved by oral evidence.
BSA 2023 (in force)

Section 54, BSA 2023

54. Proof of facts by oral evidence.—All facts, except the contents of documents may be proved by oral evidence.

When It Applies: IEA 59 vs BSA 54

Under IEA 59
  1. Applies when a party seeks to prove any fact in court through spoken testimony.
  2. Applies only when the fact being proved is outside the contents of documents and outside electronic records.
Under BSA 54
  1. Applies when a party seeks to prove any fact in court through spoken testimony.
  2. Applies only when the fact being proved is not the contents of documents.

What IEA 59 to BSA 54 Means in Practice

Section 59 IEA became Section 54 BSA on 1 July 2024, and the words or electronic records were dropped from the section text. Because document in Section 2(1)(d) BSA includes electronic and digital records, the exclusion of document contents from proof by oral evidence continues to cover electronic records. For matters governed by the Adhiniyam, a party should cite Section 54 BSA.

FAQs: IEA 59 to BSA 54

Does dropping the words or electronic records in Section 54 BSA allow proving electronic records by oral evidence?▼

No. Under Section 2(1)(d) BSA, document includes electronic and digital records, so the exception for the contents of documents continues to cover electronic records.

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 ·