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Evidence Act · Chapter VI · Of the exclusion of oral by documentary evidence

Evidence Act section 100 in the BSA

Evidence Act 100BSA 103

Evidence Act section 100, “Saving of provisions of Indian Succession Act relating to wills”, is now BSA section 103 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 100 to BSA 103

Now BSA section 103, with the same saving for wills; the reference is to the Indian Succession Act, 1925.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 100 Saving of provisions of Indian Succession Act relating to wills

Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act, 1865 (10 of 1865) as to the construction of wills.

Bharatiya Sakshya Adhiniyam, 2023

Section 103 Saving of provisions of Indian Succession Act relating to wills

Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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