IEA 80 to BSA 79: Presumption as to documents produced as record of evidence
Section 80 IEA (1872) replaced by Section 79 BSA (2023)
IEA 80 to BSA 79 at a Glance
Section 80 IEA (Presumption as to documents produced as record of evidence) is now Section 79 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 80 to BSA 79?
Section 80 of the Indian Evidence Act, 1872 became Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Conditions are now numbered, and the heading ends with "etc".
IEA 80 vs BSA 79: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 80 | 79 |
| Heading | Presumption as to documents produced as record of evidence | Presumption as to documents produced as record of evidence, etc |
IEA 80 and BSA 79: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 80, IEA 1872
80. Presumption as to documents produced as record of evidence.—Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume—
that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.
BSA 2023 (in force)
Section 79, BSA 2023
79. Presumption as to documents produced as record of evidence, etc.—Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—
(i) the document is genuine;
(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and
(iii) such evidence, statement or confession was duly taken.
When It Applies: IEA 80 vs BSA 79
Under IEA 80
- A document is brought before a court that purports to be a memorandum or record of all or part of the evidence given by a witness during a judicial proceeding, or before an officer whom the law authorizes to take that evidence.
- Alternatively, the document brought before the court purports to be a confession or statement made by a prisoner or an accused person, taken as the law requires.
- The document purports to bear the signature of a Judge, a Magistrate, or an officer legally authorized to take the evidence.
- When those conditions are met, the court must presume the produced document to be genuine, presume the statements by the signer about the circumstances of taking it to be true, and presume that the confession, statement, or evidence was duly taken.
Under BSA 79
- A document is brought before a court that purports to be a memorandum or record of all or part of the evidence given by a witness during a judicial proceeding or before an officer legally authorised to take it, or a confession or statement by a prisoner or an accused person taken as the law requires.
- The document purports to bear the signature of a Judge, a Magistrate, or an officer legally authorised to take the evidence.
- Under clause (i) of Section 79 BSA, the court must presume that the produced document is genuine.
- Under clauses (ii) and (iii) of Section 79 BSA, the court must presume that the statements by the signer about the circumstances of taking it are true and that the confession, statement, or evidence was duly taken.
What IEA 80 to BSA 79 Means in Practice
Section 80 IEA became Section 79 BSA on 1 July 2024 with no substantive change, so the same rule applies in court. In Section 79 BSA, the clauses are numbered as (i), (ii), and (iii), the heading ends with etc, and the word authorized was changed to authorised. For matters governed by the BSA, the reader should cite Section 79 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 ·