A Glance At The Comparison Between New And Old Evidence Law

Sahodar

3 years ago

Sl. No.	Old/Existing Provision	New Provision under 2023 Law.
1)	Act divided into 3 parts. Part-I; (Relevancy of Facts) Chapter I & II – Sections 1-55. Part-II- On Proof; Chapter III-VI; Sections 56-100; Part-III- Production and Effect of Evidence. Chapter VII to XI. Sections 101-167	Act divided into 4 parts Part-I; (Preliminary) Chapter I- Section 1-2 Part-II; (Relevancy of Facts) Chapter II – Sections 3-50. Part-III- On Proof; Chapter III-VI; Sections 51- 103; Part-IV- Production and Effect of Evidence. Chapter VII to XI. Sections 104-170
2)	Dying Declaration u/s 32.	Dying Declaration now placed u/s 26.
3)	Provision related to Confession and its effects u/s 25, 26 and 27 of IEA	Section 23 of the Act contains all the provision as contained in 25+26+27 of IEA.
4)	Section 28 and 29	No such corresponding provision in new act.
5)	Section 63 defines secondary evidence and has 5 parts.	Section 58 defines secondary evidence and contains 8 parts (3 new added) 58. Secondary evidence includes— **** (6) oral admissions; (7) written admissions; (8) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents
6)	Section 65 shows 7 (a to g) conditions in which the secondary evidence can be led in the court.	S. 60. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: a to h) ***** (h) when the genuineness of the document itself is in question. ( newly added)
7)	A new provision i.e. section 61 has been added in the act which reads as follows: Section 61. Nothing in the Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall have the same legal effect, validity and enforceability as paper records.

Note: As per section 170(2) of the proposed act- Notwithstanding repeal any trial, application, trial, inquiry, investigation, proceeding or appeal is pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Evidence Act, 1872, as if this Act had not come into force.