Section 1 BSA: Short title, application and commencement
Bharatiya Sakshya Adhiniyam, 2023
Section 1 BSA at a Glance
Section 1 BSA deals with short title, application and commencement. It replaced Section 1 IEA on 1 July 2024.
Section 1 BSA Bare Act Text
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.
Source: Section 1, Bharatiya Sakshya Adhiniyam, 2023
Section 1 BSA in Simple Words
Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 sets the short title, scope, and start rule of the Adhiniyam. Under Section 1(3) BSA, the Central Government appoints the date on which the Adhiniyam comes into force. The Central Government does this by publishing a notification in the Official Gazette.
Under Section 1(2) BSA, the Adhiniyam governs every judicial proceeding (court case) conducted before any court. A judicial proceeding is a court case where a judge hears evidence to decide a dispute. This scope includes proceedings before courts-martial (military courts).
Section 1(2) BSA also excludes certain matters from the Adhiniyam. The Adhiniyam does not apply to affidavits (sworn written statements) submitted to a court or an officer. It also does not apply to proceedings held before an arbitrator (a neutral person deciding a dispute outside court).
When Section 1 BSA Applies
- The Adhiniyam governs every judicial proceeding conducted before any court.
- It applies to judicial proceedings conducted before courts-martial.
- It takes effect on the date that the Central Government appoints by publishing a notification in the Official Gazette.
Example of Section 1 BSA
When Section 1 BSA Does Not Apply
- The Adhiniyam does not apply to affidavits submitted to a court or an officer.
- It does not apply to proceedings held before an arbitrator.
Section 1 BSA in the IEA (Previous Law)
Section 1 BSA replaces Section 1 IEA from the old criminal code.
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.
FAQs on Section 1 BSA
What is Section 1 BSA?▼
Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 sets the short title, scope, and start rule of the Adhiniyam. It applies the Adhiniyam to judicial proceedings before any court, including courts-martial, while excluding affidavits and arbitration.
Does Section 1 BSA apply to arbitration proceedings?▼
No. Under Section 1(2) BSA, the Adhiniyam does not apply to proceedings held before an arbitrator.
How does the Adhiniyam come into force under Section 1(3) BSA?▼
By notification. Under Section 1(3) BSA, the Central Government appoints the commencement date by publishing a notification in the Official Gazette.
What is Section 1 BSA in IEA?▼
Section 1 IEA is the earlier provision that became Section 1 BSA on 1 July 2024. Section 1 BSA omits the whole-of-India extent clause and the exception for courts-martial under the specified military Acts. It continues to cover judicial proceedings before any court, including courts-martial, and excludes affidavits and arbitration.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·