IEA 1→BSA 1

IEA 1 to BSA 1: Short title

Section 1 IEA (1872) replaced by Section 1 BSA (2023)

View IEA Section 1 →View BSA Section 1 →

IEA 1 to BSA 1 at a Glance

Section 1 IEA (Short title) is now Section 1 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 1 to BSA 1?

Section 1 of the Indian Evidence Act, 1872 became Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The extent clause ("extends to the whole of India") is gone, and so is the carve-out for Courts-martial under the Army Act, the Naval Discipline Act, the Indian Navy (Discipline) Act and the Air Force Act. It still applies to judicial proceedings in any Court, including Courts-martial, and still not to affidavits or proceedings before an arbitrator.

IEA 1 vs BSA 1: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section11
HeadingShort titleShort title, application and commencement
Sub-sectionsNone3 sub-sections

IEA 1 and BSA 1: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 1, IEA 1872

1. Short title.—This Act may be called the Indian Evidence Act, 1872. Extent.—It extends to the whole of India and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58) the Naval Discipline Act [29 & 30 Vict., 109]; or the Indian Navy (Discipline) Act, 1934 (34 of 1934), or the Air Force Act (7 Geo. 5, c. 51) but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator; Commencement of Act.—And it shall come into force on the first day of September, 1872.
BSA 2023 (in force)

Section 1, BSA 2023

1. Short title, application and commencement.—(1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

When It Applies: IEA 1 vs BSA 1

Under IEA 1
  1. The Act applied across the whole territory of India.
  2. It governed every judicial proceeding conducted before a court, as well as courts-martial not excluded by the section.
  3. It came into operation in September 1872 on the first day of that month.
Under BSA 1
  1. The Adhiniyam governs every judicial proceeding conducted before any court.
  2. It applies to judicial proceedings conducted before courts-martial.
  3. It takes effect on the date that the Central Government appoints by publishing a notification in the Official Gazette.

What IEA 1 to BSA 1 Means in Practice

Section 1 IEA became Section 1 BSA on 1 July 2024. Section 1 BSA removes the whole-of-India extent clause and the carve-out for courts-martial under the specified military Acts. It still applies to judicial proceedings before any court, including courts-martial, and still excludes affidavits and arbitration.

FAQs: IEA 1 to BSA 1

Did Section 1 BSA keep the exception for courts-martial under the Army Act and the other military Acts?▼

No. Section 1 BSA removed the exception for courts-martial under the Army Act and the other named military Acts. It applies to judicial proceedings before any court, including courts-martial.

Did the exclusions for affidavits and arbitration change between Section 1 IEA and Section 1 BSA?▼

No. Both sections state that the law does not apply to affidavits or to proceedings held before an arbitrator.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·