✓ Substantially Identical

Law Transition Comparison: Section 102 IEA vs Section 97 BSA

Side-by-side analysis of statutory changes, penal differences, bailable classification, trial courts, and precedents following India's July 2024 criminal law transition.

AI Legal Analysis & Key Differences

No material statutory changes have been made to the core text of this provision during the transition. The wording, elements, and thresholds remain substantially identical. However, practitioners must adapt to the new section numbering and procedural alignment under the 2023 Sanhitas.

Transition Checklist for Legal Practitioners

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Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (BSA). For offenses on or after July 1, 2024, use the new Sanhita (IEA).

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Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 102 of the IEA instead of the old Section 97 of the BSA.

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Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (BSA) as if the new Sanhitas had not been enacted.

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Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 102.

Act Source (Active Site)

Section 102

Indian Evidence Act, 1872

Official Statutory Text

The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Procedural Profile

Offence CategoryN/A / Procedural
Bail EligibilityProcedural
Arrest ClassificationProcedural
Trial CourtProcedural
Max PunishmentProcedural
Act Source (Compared)

Section 97

Bharatiya Sakshya Adhiniyam

Official Statutory Text

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration. A sells to B, by deed, “my estate at Rampur containing one hundred bighas”. A has an estate at Rampur containing one hundred bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

Procedural Profile

Offence CategoryN/A / Procedural
Bail EligibilityProcedural
Arrest ClassificationProcedural
Trial CourtProcedural
Max PunishmentProcedural
Explore Section 102 DetailsExplore Section 97 Details