IEA Section 113 (Proof of cession of territory) was not carried into the BSA
Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024
NCRB's official correspondence table lists IEA 113 as deleted (page 20), and BPR&D's gives it no BSA counterpart. There is no provision of the Bharatiya Sakshya Adhiniyam, 2023 that replaces it.
IEA 113: Proof of cession of territory
Before 1 July 2024
A notification in the Official Gazette that any portion of British territory has [before the commencement of Part III of the Government of India Act, 1935 (26 Geo. 5, c. 2)] been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the date mentioned in such notification.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 113
They still govern offences committed before 1 July 2024. With no BSA counterpart, they do not carry forward.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 20.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.