IEA 74→BSA 74(1)

IEA 74 to BSA 74(1): Public documents

Section 74 IEA (1872) replaced by Section 74(1) BSA (2023)

View IEA Section 74 →View BSA Section 74(1) →

IEA 74 to BSA 74(1) at a Glance

Section 74 IEA (Public documents) is now Section 74(1) BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 74 to BSA 74(1)?

Section 74 of the Indian Evidence Act, 1872 became Section 74(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Public documents now cover acts of public officers "of India or of a foreign country", where the IEA said "of any part of India or of the Commonwealth, or of a foreign country". Public records of private documents now extend to any "State or Union territory". IEA Section 75 is now sub-section (2).

IEA 74 vs BSA 74(1): Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section7474(1)
HeadingPublic documentsPublic and private documents

IEA 74 and BSA 74(1): Bare Act Text Side by Side

IEA 1872 (repealed)

Section 74, IEA 1872

74. Public documents.—The following documents are public documents:— (1) Documents forming the acts, or records of the acts — (i) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country; (2) Public records kept in any State of private documents.
BSA 2023 (in force)

Section 74(1), BSA 2023

(1) The following documents are public documents:— (a) documents forming the acts, or records of the acts— (i) of the sovereign authority; (ii) of official bodies and tribunals; and (iii) of public officers, legislative, judicial and executive of India or of a foreign country; (b) public records kept in any State or Union territory of private documents.

When It Applies: IEA 74 vs BSA 74(1)

Under IEA 74
  1. Under Section 74(1)(i) IEA, a document that forms the act, or the record of the act, of the sovereign authority is a public document.
  2. Under Section 74(1)(ii) IEA, a document that forms the act, or the record of the act, of official bodies and tribunals is a public document.
  3. Under Section 74(1)(iii) IEA, a document that forms the act, or the record of the act, of public officers in legislative, judicial, and executive roles from any part of India, from the Commonwealth, or from a foreign country is a public document.
  4. Under Section 74(2) IEA, public records of private documents that are kept in any State are public documents.
Under BSA 74(1)
  1. Under Section 74(1)(a)(i) BSA, a document that forms the act, or the record of the act, of the sovereign authority is a public document.
  2. Under Section 74(1)(a)(ii) BSA, a document that forms the act, or the record of the act, of official bodies and tribunals is a public document.
  3. Under Section 74(1)(a)(iii) BSA, a document that forms the act, or the record of the act, of public officers in legislative, judicial, and executive roles from India or from a foreign country is a public document.
  4. Under Section 74(1)(b) BSA, public records of private documents kept in any State or any Union territory are public documents.
  5. Under Section 74(2) BSA, every document that is not listed in Section 74(1) BSA is a private document.

What IEA 74 to BSA 74(1) Means in Practice

For matters governed by the Adhiniyam, a person in court should cite Section 74(1) BSA for public documents and Section 74(2) BSA, which absorbed Section 75 IEA, for private documents. Section 74(1)(a)(iii) BSA covers public officers from India or a foreign country instead of from any part of India, the Commonwealth, or a foreign country. Section 74(1)(b) BSA also extends public records of private documents to any State or any Union territory instead of only any State.

FAQs: IEA 74 to BSA 74(1)

How did the wording on public officers change between Section 74(1)(iii) IEA and Section 74(1)(a)(iii) BSA?▼

The references to any part of India and to the Commonwealth were removed. Section 74(1)(a)(iii) BSA covers legislative, judicial, and executive public officers from India or from a foreign country.

How did Section 74 BSA change the territorial scope of public records and the placement of private documents?▼

Union territories were added and Section 75 IEA became sub-section (2). Section 74(1)(b) BSA covers public records of private documents kept in any State or any Union territory, and Section 74(2) BSA states that all other documents are private.

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 ·