Section 170 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
📘 Section 170 – Repeal and Savings
Text:
(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.(indiankanoon.org)
(2) Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force.(indiankanoon.org)
🧾 Detailed Explanation
Section 170 of the Bharatiya Sakshya Adhiniyam, 2023, serves two primary functions:
Repeal of the Indian Evidence Act, 1872: This provision formally repeals the Indian Evidence Act, 1872, marking the enactment of the new Bharatiya Sakshya Adhiniyam as the governing statute for evidence law in India.(bnssection.org)
Savings Clause: Despite the repeal, the section ensures that any legal proceedings—such as applications, trials, inquiries, investigations, proceedings, or appeals—that were pending immediately before the commencement of the new Adhiniyam will continue to be governed by the provisions of the Indian Evidence Act, 1872, as they stood before the new law came into effect. This ensures legal continuity and prevents disruption in ongoing cases.(lawfyi.io)
⚖️ Legal Significance
Legal Continuity: The savings clause ensures that ongoing legal proceedings are not affected by the change in law, thereby upholding the principle of legal certainty and fairness.
Smooth Transition: By allowing pending cases to proceed under the previous law, the section facilitates a smoother transition to the new legal framework without causing undue delays or confusion.
Clarity in Application: The explicit repeal of the Indian Evidence Act, 1872, and the detailed savings provision provide clear guidance on the applicability of the new law, reducing potential legal ambiguities.(bnssection.org)
🧭 Practical Implications
Ongoing Cases: For cases that were in progress before the enactment of the Bharatiya Sakshya Adhiniyam, 2023, the provisions of the Indian Evidence Act, 1872, continue to apply.
New Cases: Any legal proceedings initiated after the commencement of the new Adhiniyam will be governed by its provisions, marking a shift from the previous legal framework.
This approach ensures that there is no legal vacuum or confusion regarding the applicable laws during the transition period.
In summary, Section 170 of the Bharatiya Sakshya Adhiniyam, 2023, plays a crucial role in ensuring a seamless transition from the Indian Evidence Act, 1872, to the new evidence law, thereby maintaining legal continuity and stability in the Indian legal system.
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