IEA §4 → BSA §3
“May Presume.” “Shall presume.” “Conclusive proof”
Jump to section
Comparison
4. “May presume”.––Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. “Shall presume”.––Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. “Conclusive proof”.––When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. CHAPTER II. –– OF THE RELEVANCY OF FACTS
3. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Evidence may be given of facts in issue and relevant facts. Illustrations. (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:— A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure, 1908. Closely connected facts
What changedAI-inferred
May presume / shall presume / conclusive proof.
Old position
IEA 4 is concerned with “May Presume.” “Shall presume.” “Conclusive proof”. “May presume”
New position
BSA 3 preserves the framework with drafting modernisations as required by the new code. Topic: Evidence may be given of facts in issue and relevant.. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others
BSA 3 (Evidence may be given of facts in issue and relevant.) preserves the framework of IEA 4. BSA 3 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 3 text: Evidence may be given in any suit or...
Editorial deltaAI-indicated (source-linked)
BSA 3 (Evidence may be given of facts in issue and relevant.) preserves the framework of IEA 4. BSA 3 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 3 text: Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 4 continues to apply. For matters from that date forward, BSA 3 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 3 (Evidence may be given of facts in issue and relevant.). 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 §4 → BSA §3 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/4.
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.