Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 37 in the BSA

Evidence Act 37BSA 31

Evidence Act section 37, “Relevancy of statement as to fact of public nature contained in certain Acts or notifications”, is now BSA section 31 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 37 to BSA 31

Now BSA section 31. Statements of a public nature in Central or State Acts, Government notifications and the Official Gazette (now also in electronic or digital form) are relevant; the references to UK statutes, the London Gazette and the Crown Representative are dropped.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 37 Relevancy of statement as to fact of public nature contained in certain Acts or notifications

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom or in any Central Act, Provincial Act or a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty is a relevant fact.

Bharatiya Sakshya Adhiniyam, 2023

Section 31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).