Evidence Act · Chapter IV · Of oral evidence

Evidence Act section 59 in the BSA

Evidence Act 59BSA 54

Evidence Act section 59, “Proof of facts by oral evidence”, is now BSA section 54 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 59 to BSA 54

Now BSA section 54, with the same rule; the words “or electronic records” are dropped from the exception, since documents now include electronic records.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 59 Proof of facts by oral evidence

All facts, except the contents of documents or electronic records, may be proved by oral evidence.

Bharatiya Sakshya Adhiniyam, 2023

Section 54 Proof of facts by oral evidence

All facts, except the contents of documents may be proved by oral evidence.

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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