IEA 64 to BSA 59: Proof of documents by primary evidence
Section 64 IEA (1872) replaced by Section 59 BSA (2023)
IEA 64 to BSA 59 at a Glance
Section 64 IEA (Proof of documents by primary evidence) is now Section 59 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 64 to BSA 59?
Section 64 of the Indian Evidence Act, 1872 became Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Must" reads "shall".
IEA 64 vs BSA 59: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 64 | 59 |
| Heading | Proof of documents by primary evidence | Same |
IEA 64 and BSA 59: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 64, IEA 1872
64. Proof of documents by primary evidence.—Documents must be proved by primary evidence except in the cases hereinafter mentioned.
BSA 2023 (in force)
Section 59, BSA 2023
59. Proof of documents by primary evidence.—Documents shall be proved by primary evidence except in the cases hereinafter mentioned.
When It Applies: IEA 64 vs BSA 59
Under IEA 64
- A party seeks to prove a document in a court proceeding.
- The party has to prove the document by using primary evidence when the matter does not fall under a later exception in the Act.
Under BSA 59
- A party seeks to prove a document in a court proceeding.
- The party must prove the document by using primary evidence when the matter does not fall under a later exception in the Adhiniyam.
What IEA 64 to BSA 59 Means in Practice
Section 64 IEA became Section 59 BSA on 1 July 2024 with no substantive change, as only the word must was replaced by a word of the same force. The same rule requiring documents to be proved through primary evidence applies, and a reader should cite Section 59 BSA for matters governed by the Adhiniyam.
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 ·