Evidence Act to BSA
Evidence Act Section 101 in BSA: Section 104
Section 101 of the Indian Evidence Act, 1872 (Burden of proof) corresponds to Section 104 of the Bharatiya Sakshya Adhiniyam, 2023.
Last updated 9 October 2026
Evidence Act 101 and BSA 104 at a glance
| Evidence Act (old) | BSA (new) | |
|---|---|---|
| Section | 101 | 104 |
| Heading | Burden of proof | Burden of proof |
| Mapping | Direct equivalent | |
What Evidence Act Section 101 covered
Provides that whoever desires a court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist.
What changed in BSA Section 104
The provision is carried over as BSA Section 104 without substantive change.
Which law applies: Evidence Act or BSA?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
Evidence Act 101: common questions
What is the new section for Evidence Act 101?
Evidence Act Section 101 (Burden of proof) corresponds to Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between Evidence Act 101 and BSA 104?
The provision is carried over as BSA Section 104 without substantive change.
Does Evidence Act Section 101 still apply to older cases?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Related Evidence Act sections
- Evidence Act 106 to BSA 109 · Special knowledge
- Evidence Act 113A to BSA 117 · Suicide presumption
- Evidence Act 113B to BSA 118 · Dowry death presumption
- Evidence Act 114 to BSA 119 · Presumptions of fact
- Evidence Act 115 to BSA 121 · Estoppel
Map any section inside Settl
The signed-in Section Mapper converts sections in both directions across the IPC, CrPC and Evidence Act and their replacements, alongside your matter files, drafts and court diary.
Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.