Section 170 BSA: Repeal and savings
Bharatiya Sakshya Adhiniyam, 2023
Section 170 BSA at a Glance
Section 170 BSA deals with repeal and savings. It has no corresponding section in the IEA. The BSA applies from 1 July 2024.
Section 170 BSA Bare Act Text
170. Repeal and savings
(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.
(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.
Source: Section 170, Bharatiya Sakshya Adhiniyam, 2023
Section 170 BSA in Simple Words
Section 170 of the Bharatiya Sakshya Adhiniyam, 2023 repeals (officially ends as active law) the Indian Evidence Act, 1872. At the same time, it keeps the 1872 Act alive for matters already pending on 1 July 2024.
Section 170(1) BSA states the repeal of the 1872 Act. Section 170(2) BSA then sets out a savings rule for ongoing matters.
This savings rule applies to any investigation, inquiry, trial, appeal, application, or proceeding pending just before the Adhiniyam took effect. Every such pending matter must be handled under the repealed 1872 Act as it stood right before that commencement. The court or authority conducts the matter as though the Adhiniyam had never taken effect.
When Section 170 BSA Applies
- The Adhiniyam repeals the 1872 Act.
- An investigation, inquiry, trial, appeal, application, or proceeding is pending just before the date on which the Adhiniyam takes effect.
- The court, investigator, or authority must handle that pending matter under the repealed 1872 Act as it stood right before commencement, as though the Adhiniyam had never taken effect.
Example of Section 170 BSA
When Section 170 BSA Does Not Apply
- The repeal does not stop an investigation, inquiry, trial, appeal, application, or proceeding that was pending right before the Adhiniyam took effect from continuing under the 1872 Act.
No Corresponding IEA Section
Section 170 of the Bharatiya Sakshya Adhiniyam, 2023 repeals the Indian Evidence Act, 1872. Proceedings pending when the BSA came into force on 1 July 2024 continue under the Indian Evidence Act, 1872.
FAQs on Section 170 BSA
What is Section 170 BSA?▼
Section 170 of the Bharatiya Sakshya Adhiniyam, 2023 is the repeal and savings provision of the BSA. It repeals the Indian Evidence Act, 1872, while directing that any investigation, inquiry, trial, appeal, application, or proceeding pending right before 1 July 2024 must continue under the repealed 1872 Act.
Does the BSA apply to a trial that was already pending before 1 July 2024?▼
No. Under Section 170(2) BSA, a trial that was pending right before the BSA took effect on 1 July 2024 stays with the 1872 Act. The court handles the trial as though the BSA had never taken effect.
Does the savings rule in Section 170(2) BSA cover pending investigations and appeals as well as trials?▼
Yes. Section 170(2) BSA covers any investigation, inquiry, trial, appeal, application, or other proceeding that was pending right before the Adhiniyam took effect.
What is Section 170 BSA in IEA?▼
None. The IEA had no corresponding section. Section 170 BSA repeals the IEA and saves proceedings pending on 1 July 2024.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·