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BSA Section 26 in the Evidence Act
Section 26 of the Bharatiya Sakshya Adhiniyam, 2023, Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant, takes the place of Evidence Act Section 32.
BSA 26 and the Evidence Act
| BSA | Evidence Act | Evidence Act heading |
|---|---|---|
| 26 | 32 | Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. When it relates to cause of death; or is made in course of business; or against interest of maker; or gives opinion as to public right or custom, or matters of general interest; or relates to existence of relationship; or is made in will or deed relating to family affairs; or in document relating to transaction mentioned in section 13, clause (a); or is made by several persons and expresses feelings relevant to matter in question. |
Which code applies
The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. An application, trial, inquiry, investigation, proceeding or appeal already pending on that date is dealt with under the Indian Evidence Act.
“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”
Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.
Sources
Section numbers follow the correspondence table prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023 as published, and from the table. The official text governs: read the section itself before you rely on it.
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