BSA vs the Indian Evidence Act: What Changed (2026)
What changed when the Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act, with a verified mapping of key sections and a focus on how electronic evidence is now proved. Last verified October 2026.
Explainer · BSA vs Evidence Act · Evidence
Evidence law decides what a court is allowed to look at and how a fact is proved. When the Indian Evidence Act was replaced by the Bharatiya Sakshya Adhiniyam on 1 July 2024, the familiar sections on confessions, dying declarations, expert opinion, and electronic records all moved, and electronic evidence was pulled into the heart of the law. This guide explains how the BSA differs from the old Evidence Act, maps the key sections, and focuses on how electronic evidence is now handled. Last verified October 2026.
- The change: the Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024.
- Key mappings: electronic records 65B to 63, dying declaration 32 to 26, expert opinion 45 to 39, thirty-year document 90 to 92.
- Big shift: electronic and digital records are now core documentary evidence, with a stricter certificate (hash value) under BSA 63.
- Watch out: some converters wrongly map the thirty-year document to BSA 89; it is BSA 92.
- Searching both: Claw searches 30 crore+ judgments by old or new section across 9,102 forums.
01Why the evidence rules moved under everyone’s feet
Every lawyer knew the key numbers of the Indian Evidence Act. Section 65B for electronic records. Section 32 for dying declarations. Section 45 for expert opinion. These were the sections you cited when you wanted a document, a statement, or a report admitted.
From 1 July 2024, the Bharatiya Sakshya Adhiniyam replaced the Evidence Act, and those numbers changed. The rules are largely familiar, but a citation to the old section in a fresh matter now looks out of date, and the certificate that proves an electronic record has new requirements. Because evidence law applies across civil and criminal cases, this touches almost every practitioner. For the wider reform, see the new criminal laws overview.
A quick example
The electronic-records certificate, long known as the "65B certificate", is now the Section 63 certificate under the BSA, and it is expected to carry a hash value and a two-part signature. The idea is the same; the form is stricter.
02BSA vs Evidence Act: the basics
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024. The BSA has 170 sections. The old Evidence Act had 167 sections, so the count is close, and much of the structure and language carries over.
The biggest shift is conceptual. The old Act treated electronic evidence as a special add-on. The BSA treats electronic and digital records as a normal form of documentary evidence, defines them broadly, and builds the proof requirements into the main scheme. Beyond that, most rules on relevancy, admissions, confessions, burden of proof, and witnesses carry over under new numbers.
03Key Evidence Act to BSA section mappings
The table maps the Evidence Act sections practitioners cite most to their BSA equivalents, checked against the published text. Read the full BSA section before relying on it, because some carry new requirements.
| Topic | Evidence Act (old) | BSA (new) | Read more |
|---|---|---|---|
| Admissibility of electronic records | 65B | 63 | BSA 63 |
| Statements by a person who cannot be called (dying declaration) | 32 | 26 | BSA 26 |
| Opinion of experts | 45 | 39 | BSA 39 |
| Confession to police not provable | 25 | 23 | BSA 23 |
| Secondary evidence | 63 / 65 | 58 / 60 | BSA 58 |
| Burden of proof | 101 to 104 | 104 onwards | BSA 104 |
| Presumption as to documents thirty years old | 90 | 92 | BSA presumptions |
One caution on the thirty-year document. Some online converters map the old Section 90 to BSA Section 89, but Section 89 of the BSA deals with presumptions about books, maps, and charts. The thirty-year-old document presumption is in BSA Section 92. This is a good example of why you should check the bare Act, not just a lookup tool.
04Electronic evidence under the BSA
Electronic evidence is the headline of the BSA. The admissibility rule for electronic records, the old Section 65B, is now BSA Section 63.
Two points stand out. First, the definition of a document now clearly includes electronic and digital records, such as emails, server logs, messages, and files stored on devices or the cloud. Second, the certificate that makes an electronic record admissible is more demanding. The BSA expects the certificate to be signed by the person in charge of the device and by an expert, and to include a hash value that fixes the integrity of the record.
The practical effect is that electronic evidence must be collected and certified carefully from the start. A WhatsApp chat or a CCTV clip is only as useful as the certificate that proves it. This raises the stakes for investigators and for parties who rely on digital material.
Under the BSA, electronic evidence is normal evidence, but the certificate that proves it is stricter. Integrity, shown by a hash value, now matters as much as content.
05What else changed
Beyond electronic records and the renumbering, a few points are worth noting.
- Clearer structure. The BSA reorganises and consolidates some provisions, and removes a little of the older, archaic language.
- Documents and secondary evidence. The categories of secondary evidence were expanded and modernised to fit electronic material.
- Presumptions. The presumptions about documents, including the thirty-year rule and electronic messages, are grouped and renumbered. See presumptions as to documents under the BSA.
- Core principles survive. The rules on relevancy, admissions, confessions, the burden of proof, and examination of witnesses largely carry over, so old case law still helps with interpretation.
For the other two codes, see BNS vs IPC and BNSS vs CrPC. For the transition rule on old cases, see will old IPC and CrPC cases continue.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Evidence questions are argued through case law, and much of the authority sits under the old Evidence Act numbers while new rulings come under the BSA. Claw helps you work across both. You can search 30 crore+ judgments by section, party or advocate, with results in under 5 seconds, so you can find authority on Section 65B and on BSA Section 63 together. You can also track live cases across 9,102 courts, benches and forums, with automatic updates, cause lists, and WhatsApp and email alerts.
Try it
Create a FREE Claw account to search and track cases under this section by party or advocate name.
Claw does not give legal advice and does not use customer case documents to train AI models. See also case search across Indian courts.
07Sources and further reading
- Bharatiya Sakshya Adhiniyam, 2023 (India Code): indiacode.nic.in
- Bare Act (section text): advocatekhoj.com
- Ministry of Home Affairs: mha.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Section mappings are a practical aid, not a substitute for reading the current text. Check the official text and take advice from counsel for any specific case.
08Frequently asked questions
What replaced Section 65B of the Evidence Act?
The admissibility of electronic records, the old Section 65B, is now Section 63 of the Bharatiya Sakshya Adhiniyam. The certificate is stricter and is expected to include a hash value and signatures, including an expert signature.
What is the BSA section for a dying declaration?
Statements by a person who cannot be called as a witness, including a dying declaration, which were under Section 32 of the Evidence Act, are now under Section 26 of the BSA.
Where is expert opinion now?
The opinion of experts, the old Section 45 of the Evidence Act, is now Section 39 of the BSA. The rule is substantially the same, with the number changed.
Which BSA section covers the thirty-year-old document presumption?
It is Section 92 of the BSA, which corresponds to the old Section 90 of the Evidence Act and keeps the thirty-year rule. Some online converters wrongly point to Section 89, which actually deals with books, maps, and charts.
Did the core rules of evidence change?
Mostly the core rules on relevancy, admissions, confessions, burden of proof, and witnesses carried over under new numbers. The main substantive shift is that electronic and digital records are now central, with stricter proof requirements.
How do I find judgments under both the old and new evidence sections?
Search under the old Evidence Act section and its BSA equivalent together. Claw lets you search 30 crore+ judgments by section, party, or advocate across 9,102 courts and forums, with results in under 5 seconds.