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The short answer
This Evidence Act to BSA table gives the Bharatiya Sakshya Adhiniyam, 2023 section for commonly cited Indian Evidence Act sections. The key one: Section 65B (electronic records) is now BSA Section 63, which requires a certificate in the form in the BSA Schedule. Confession to police (25, 26) is 23(1) and 23(2), discovery (27) is the proviso to 23(2), and dying declaration (32) is Section 26.
How to use this Evidence Act to BSA table
This Evidence Act to BSA table gives the section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) that corresponds to the commonly cited sections of the Indian Evidence Act, 1872. The BSA replaced the Evidence Act from 1 July 2024 across India, including in the courts of Odisha. Unlike the BNS and BNSS, which are criminal laws, the BSA applies to civil and criminal proceedings alike, so it matters in property suits, family cases and money claims as well as in criminal trials. Every row below was checked against the official section-by-section comparison prepared by the Central Academy for Police Training, Bhopal (Bureau of Police Research and Development), with key rows cross-checked against a second government comparison; rows that could not be verified are not included.
The BSA largely keeps the structure and wording of the Evidence Act. Most changes are about electronic records and some renumbering by merging sections. Two cautions:
- Which Act applies to a pending case. For a trial or suit that began before 1 July 2024, check which Act the court is applying, in light of the repeal and savings clause in Section 170 of the BSA, before citing either.
- Cite the sub-section or proviso. For example, the well-known "Section 27 discovery" rule is now the proviso to Section 23(2), not a separate section.
For offences, see the IPC to BNS table; for procedure, see the CrPC to BNSS table.
65B Evidence Act in BSA: electronic records and the Section 63 certificate
The most-searched change is Section 65B, which is now Section 63 of the BSA. It still lets an electronic record (a WhatsApp message, email, CCTV footage, call record, computer printout or a copy on a pen drive) be proved without producing the original device, provided the conditions in the section are met. The main changes are:
- The section expressly covers records from computers, communication devices and other electronic devices, including records stored in semiconductor memory and devices used in combination or in a network.
- The BSA Section 63 certificate must be submitted along with the electronic record each time it is offered in evidence, in the form given in the Schedule to the BSA. The Schedule has two parts: Part A is filled in by the party producing the record (or the person in charge of the device), and Part B by a technically qualified examiner.
- The certificate must give details of the device and the hash value or other identification of the record.
Under the Evidence Act, the Supreme Court held in Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) that the certificate is a condition for admitting a secondary copy of an electronic record. Those rulings were on Section 65B; the BSA keeps the certificate requirement in Section 63 and adds the prescribed form. Electronic records are also now expressly part of the definitions of "document" and "evidence" in Section 2, and the explanations to Section 57 treat certain electronic records as primary evidence.
If you are collecting digital material for an Odisha case, for example screenshots in a cyber crime complaint or chats in a domestic violence case, keep the original phone or device safe and unaltered, note the date and time of each copy, and expect to file the Schedule certificate.
| Evidence Act section | Subject | BSA section | Note |
|---|---|---|---|
| 65B | Admissibility of electronic records (certificate) | 63 | Certificate now in the form in the Schedule |
| 65A | Special provisions as to evidence relating to electronic record | 62 | |
| 45A | Opinion of the Examiner of Electronic Evidence | 39(2) | |
| 3 | Interpretation clause (definitions, including "evidence" and "document") | 2 | Electronic records expressly included |
| 62 | Primary evidence | 57 | Explanations added on electronic records |
| 63 | Secondary evidence | 58 | List of secondary evidence widened |
| 65 | Cases in which secondary evidence may be given | 60 | |
| 61 | Proof of contents of documents | 56 | |
| 59 | Proof of facts by oral evidence | 54 | |
| 74 | Public documents | 74(1) | |
| 76 | Certified copies of public documents | 75 | |
| 90 | Presumption as to documents thirty years old | 92 |
Confessions, admissions and relevant facts
The rules on confessions are unchanged in substance but have been merged. Confessions to the police (Sections 25 and 26 of the Evidence Act) are now Section 23(1) and 23(2), and discovery of a fact from information given by an accused in custody (old Section 27) is the proviso to Section 23(2). Dying declarations (old Section 32) are in Section 26.
| Evidence Act section | Subject | BSA section | Note |
|---|---|---|---|
| 17 | Admission defined | 15 | |
| 24 | Confession caused by inducement, threat or promise | 22 | |
| 25 | Confession to a police officer not to be proved | 23(1) | |
| 26 | Confession in police custody not to be proved unless before a Magistrate | 23(2) | |
| 27 | How much of information received from the accused (discovery) may be proved | 23(2), proviso | |
| 30 | Confession of one accused affecting others jointly tried | 24 | |
| 32 | Statements of persons who cannot be called as witnesses (including dying declaration) | 26 | |
| 6 | Facts forming part of the same transaction (res gestae) | 4 | |
| 8 | Motive, preparation and conduct | 6 | |
| 10 | Things said or done by a conspirator in reference to common design | 8 | |
| 45 | Opinions of persons with special skill (handwriting, fingerprints, science, art) | 39(1) |
Burden of proof and presumptions
The burden of proof provisions (old Sections 101 to 114A) moved to BSA Sections 104 to 120. The presumptions in dowry death and abetment of suicide of a married woman, which arise often in Odisha cases about dowry harassment, are now BSA 118 and 117.
| Evidence Act section | Subject | BSA section | Note |
|---|---|---|---|
| 101 | Burden of proof | 104 | |
| 103 | Burden of proof as to particular fact | 106 | |
| 105 | Burden on the accused to prove a general exception | 108 | |
| 106 | Burden of proving a fact especially within knowledge | 109 | |
| 112 | Birth during marriage, conclusive proof of legitimacy | 116 | |
| 113A | Presumption as to abetment of suicide by a married woman | 117 | |
| 113B | Presumption as to dowry death | 118 | |
| 114 | Court may presume existence of certain facts | 119 | |
| 114A | Presumption as to absence of consent in certain rape prosecutions | 120 | |
| 115 | Estoppel | 121 |
Witnesses and examination
The rules on who may testify, privileged communications, and the examination of witnesses moved to BSA Sections 124 to 168 with little change in wording. These are the provisions most often referred to during evidence in a civil suit or a criminal trial.
| Evidence Act section | Subject | BSA section | Note |
|---|---|---|---|
| 118 | Who may testify | 124 | |
| 122 | Communications during marriage | 128 | |
| 126 | Professional communications (advocate's privilege) | 132 | |
| 133 | Accomplice | 138 | |
| 134 | Number of witnesses | 139 | |
| 137 | Examination-in-chief, cross-examination and re-examination | 142 | |
| 138 | Order of examinations | 143 | |
| 141 | Questions that suggest the answer the questioner wants | 146(1) | |
| 145 | Cross-examination as to previous statements in writing | 148 | |
| 154 | Questions by a party to their own witness (hostile witness) | 157 | |
| 157 | Former statements of a witness to corroborate later testimony | 160 | |
| 159 | Refreshing memory | 162 | |
| 165 | Judge's power to put questions or order production | 168 |
Practical points for court work in Odisha
- Petitions and documents filed in Odisha courts since July 2024 refer to BSA sections in new matters. Older orders on eCourts will keep the Evidence Act numbers.
- Certified copies of court records and land records are still proved as public documents, now under BSA 74 and 75; see Record of Rights in Odisha.
- For the official wording, including the Schedule certificate, read the BSA on India Code.
Information about criminal and civil work handled is on the criminal and civil litigation practice area pages, and court addresses are under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ପ୍ରମାଣ | pramana | evidence, proof |
| ସାକ୍ଷୀ | sakshi | witness |
Frequently asked questions
What is 65B of the Evidence Act in BSA?
Admissibility of electronic records (Evidence Act 65B) is now Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. The certificate must be in the form set out in the Schedule to the BSA.
What is the BSA Section 63 certificate?
It is the certificate that must accompany an electronic record each time it is offered in evidence. The Schedule form has Part A, filled by the party or person in charge of the device, and Part B, filled by a technically qualified examiner, including identification such as a hash value.
What is Section 27 of the Evidence Act in BSA?
Discovery of a fact from information given by an accused in police custody is now the proviso to Section 23(2) of the BSA.
What is Section 32 of the Evidence Act (dying declaration) in BSA?
Statements of persons who cannot be called as witnesses, including dying declarations, are now Section 26 of the BSA.
Does the BSA apply to civil cases?
Yes. Like the Evidence Act it replaced, the BSA applies to judicial proceedings in courts generally, civil and criminal. The BNS and BNSS, by contrast, are criminal laws.
What is Section 114A or 113B of the Evidence Act in BSA?
The presumption as to absence of consent in certain rape prosecutions (114A) is now BSA 120, and the presumption as to dowry death (113B) is BSA 118.
Official sources
- Bharatiya Sakshya Adhiniyam, 2023 (India Code)
- Comparison summary: BSA 2023 to Indian Evidence Act 1872 (CAPT Bhopal, BPR&D; hosted by Kerala Prisons Department)
- Indian Evidence Act vis-a-vis BSA comparison (Uttar Pradesh Police)
- Bureau of Police Research and Development
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.