BSA §170
The Indian Evidence Act, 1872 is hereby repealed
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Comparison
164. Using, as evidence, of document production of which was refused on notice.–– When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. Illustration A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so.
170.
(1) The Indian Evidence Act, 1872 is hereby repealed.
(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement, as if thisAdhiniyam had not come into force. No new trial for improper admission or rejection of evidence. Repeal and savings. THESCHEDULE [See section 63(4)(c)] CERTIFICATE PART A (To be filled by the Party) I, (Name), Son/daughter/spouse of residing/employed at do hereby solemnly affirm and sincerely state and submit as follows:— I have produced electronic record/output of the digital record taken from the following device/digital record source (tick mark):— Computer / Storage Media DVR Mobile Flash Drive CD/DVD Server Cloud Other Other: Make & Model: Color: Serial Number: IMEI/UIN/UID/MAC/Cloud ID (as applicable) and any other relevant information, if any, about the device/digital record(specify). The digital device or the digital record source was under the lawful control for regularly creating, storing or processing information for the purposes of carrying out regular activities and during this period, the computer or the communication device was working properly and the relevant information was regularly fed into the computer during the ordinary course of business. If the computer/digital device at any point of time was not working properly or out of operation, then it has not affected the electronic/digital record or its accuracy. The digital device or the source of the digital record is:— Owned Maintained Managed Operated by me (select as applicable). I state that the HASH value/s of the electronic/digital record/s is , obtained through the following algorithm:—
What changedAI-inferred
Using, as evidence, of document production of which was refused on notice.
Old position
IEA 164 is concerned with Using, as evidence, of document production of which was refused on notice. Using, as evidence, of document production of which was refused on notice
New position
BSA 170 preserves the framework with drafting modernisations as required by the new code. Topic: The Indian Evidence Act, 1872 is hereby repealed. The Indian Evidence Act, 1872 is hereby repealed
BSA 170 (The Indian Evidence Act, 1872 is hereby repealed) preserves the framework of IEA 164. BSA 170 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 170 text: The Indian Evidence Act, 1872 is...
Editorial deltaAI-indicated (source-linked)
BSA 170 (The Indian Evidence Act, 1872 is hereby repealed) preserves the framework of IEA 164. BSA 170 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 170 text: The Indian Evidence Act, 1872 is hereby repealed.(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 164 continues to apply. For matters from that date forward, BSA 170 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 170 (The Indian Evidence Act, 1872 is hereby repealed). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §164 → BSA §170 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/170.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.