IEA 74 to BSA 74(1): Public documents
Section 74 IEA (1872) replaced by Section 74(1) BSA (2023)
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
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 74 | 74(1) |
| Heading | Public documents | Public and private documents |
IEA 74 and BSA 74(1): Bare Act Text Side by Side
Section 74, IEA 1872
Section 74(1), BSA 2023
When It Applies: IEA 74 vs BSA 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.
- 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.
- 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.
- Under Section 74(2) IEA, public records of private documents that are kept in any State are public documents.
- 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.
- 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.
- 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.
- Under Section 74(1)(b) BSA, public records of private documents kept in any State or any Union territory are public documents.
- 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
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 ·