IEA 71 to BSA 70: Proof when attesting witness denies the execution
Section 71 IEA (1872) replaced by Section 70 BSA (2023)
IEA 71 to BSA 70 at a Glance
Section 71 IEA (Proof when attesting witness denies the execution) is now Section 70 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 71 to BSA 70?
Section 71 of the Indian Evidence Act, 1872 became Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 71 vs BSA 70: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 71 | 70 |
| Heading | Proof when attesting witness denies the execution | Proof when attesting witness denies execution |
IEA 71 and BSA 70: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 71, IEA 1872
71. Proof when attesting witness denies the execution.—If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
BSA 2023 (in force)
Section 70, BSA 2023
70. Proof when attesting witness denies execution.—If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence.
When It Applies: IEA 71 vs BSA 70
Under IEA 71
- A document has an attesting witness and its execution is to be proved.
- The attesting witness either denies that the document was executed or does not remember its execution.
- The execution of that document can then be proved by using other evidence.
Under BSA 70
- A document has an attesting witness and its execution is to be proved.
- The attesting witness either denies that the document was executed or does not remember its execution.
- The execution of that document can then be proved by using other evidence.
What IEA 71 to BSA 70 Means in Practice
Section 71 IEA became Section 70 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party in court should cite Section 70 BSA for matters governed by the BSA.
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 ·