IEA 75 to BSA 74(2): Private documents
Section 75 IEA (1872) replaced by Section 74(2) BSA (2023)
IEA 75 to BSA 74(2) at a Glance
Section 75 IEA (Private documents) is now Section 74(2) BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 75 to BSA 74(2)?
Section 75 of the Indian Evidence Act, 1872 became Section 74(2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Private documents are now all documents "except the documents referred to in sub-section (1)".
IEA 75 vs BSA 74(2): Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 75 | 74(2) |
| Heading | Private documents | Public and private documents |
IEA 75 and BSA 74(2): Bare Act Text Side by Side
IEA 1872 (repealed)
Section 75, IEA 1872
75. Private documents.—All other documents are private.
BSA 2023 (in force)
Section 74(2), BSA 2023
(2) All other documents except the documents referred to in sub-section (1) are private.
When It Applies: IEA 75 vs BSA 74(2)
Under IEA 75
- A document is not a public document under Section 74 IEA.
- That document is a private document.
Under BSA 74(2)
What IEA 75 to BSA 74(2) Means in Practice
There is no substantive change between Section 75 IEA and Section 74(2) BSA. Section 74(2) BSA states that all documents, except those mentioned in sub-section (1), are treated as private. The same rule applies, and a reader should cite Section 74(2) 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 ·