IEA 81→BSA 80

IEA 81 to BSA 80: Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

Section 81 IEA (1872) replaced by Section 80 BSA (2023)

View IEA Section 81 →View BSA Section 80 →

IEA 81 to BSA 80 at a Glance

Section 81 IEA (Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents) is now Section 80 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 81 to BSA 80?

Section 81 of the Indian Evidence Act, 1872 became Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The London Gazette, colonial Gazettes and private Acts of the United Kingdom Parliament were dropped. A new Explanation defines "proper custody": where the document is "required to be kept", in place of the IEA's test in Section 90 of where it "would naturally be".

IEA 81 vs BSA 80: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section8180
HeadingPresumption as to Gazettes, newspapers, private Acts of Parliament and other documentsPresumption as to Gazettes, newspapers, and other documents

IEA 81 and BSA 80: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 81, IEA 1872

81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.—The Court shall presume the genuineness of every document purporting to be the London Gazette or any Official Gazette, or the Government Gazette of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament of the United Kingdom printed by the Queen’s Printer, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
BSA 2023 (in force)

Section 80, BSA 2023

80. Presumption as to Gazettes, newspapers, and other documents.—The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. Explanation.—For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.

When It Applies: IEA 81 vs BSA 80

Under IEA 81
  1. Applies when a document presented in court appears to be the London Gazette, any Official Gazette, or a Government Gazette of a British Crown colony, dependency, or possession.
  2. Applies when a document presented in court appears to be a newspaper or a journal.
  3. Applies when a document appears to be a copy of a private Act of the United Kingdom Parliament printed by the official printer to the Queen.
  4. Applies when a document appears to be a record that any law directs a person to keep, provided it is kept largely in the required legal form and comes from proper custody.
  5. Directs the court that it must presume these documents to be genuine.
Under BSA 80
  1. Applies when a document presented in court appears to be the Official Gazette, a newspaper, or a journal, requiring the court to presume it is genuine.
  2. Applies when a document appears to be a record that a law requires a person to maintain, provided it is kept largely in the legal form and comes from proper custody.
  3. Treats a document under Section 80 BSA or Section 92 BSA as being in proper custody when it is in the required place and under the care of the person required to keep it.
  4. Treats custody as not improper when a legitimate origin is proved or when the case facts make a legitimate origin likely.

What IEA 81 to BSA 80 Means in Practice

From 1 July 2024, Section 80 BSA continues the presumption of genuineness for the Official Gazette, newspapers, journals, and legally required records, while dropping the London Gazette, colonial Gazettes, and private Acts of the United Kingdom Parliament. Section 80 BSA also adds an Explanation that defines proper custody as the place where, and under the person with whom, the document is required to be kept, replacing the Section 90 IEA test of where the document would naturally be. Custody remains valid if a legitimate origin is proved or made likely by the facts of the case.

FAQs: IEA 81 to BSA 80

Which foreign and colonial publications were removed when Section 81 IEA became Section 80 BSA?▼

Colonial and British parliamentary categories were removed on 1 July 2024. Section 80 BSA dropped the London Gazette, Government Gazettes of British Crown colonies, dependencies, or possessions, and copies of private Acts of the United Kingdom Parliament printed by the printer to the Queen.

How did the test for proper custody change in Section 80 BSA?▼

A new Explanation in Section 80 BSA defines proper custody as the place where, and under the person with whom, a document is required to be kept. This replaced the test in Section 90 IEA, which looked at where the document would naturally be.

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 ·