Section 1 IEA: Short title

Indian Evidence Act, 1872

Section 1 IEA at a Glance

Section 1 IEA deals with short title. From 1 July 2024 it is replaced by Section 1 BSA.

Now BSA

Section 1 →

Section 1 IEA Bare Act Text

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.

Source: Section 1, Indian Evidence Act, 1872

Section 1 IEA in Simple Words

Section 1 of the Indian Evidence Act, 1872 gives the title, territorial reach, and start date of the Act. It applied across all of India and took effect in September 1872 on the first day of that month.

The Act applied to every judicial proceeding (a court case where a judge takes evidence) before any court. That scope included courts-martial (military courts). However, it excluded courts-martial held under the Army Act and the Naval Discipline Act. It also excluded courts-martial under the 1934 Indian Navy (Discipline) Act and the Air Force Act.

Section 1 IEA also kept specific matters outside the Act. The Act did not apply to affidavits (sworn written statements) given to a court or an officer. It also did not apply to proceedings held before an arbitrator (a neutral person deciding a dispute outside court).

When Section 1 IEA Applies

  • The Act applied across the whole territory of India.
  • It governed every judicial proceeding conducted before a court, as well as courts-martial not excluded by the section.
  • It came into operation in September 1872 on the first day of that month.

Example of Section 1 IEA

In 2022, Ramesh and Anita refer a business dispute to an arbitrator in Mumbai. During the hearing, Ramesh objects to a document using rules from the Act. Under Section 1 IEA, the Act covers court proceedings across India but excludes proceedings held before an arbitrator. Therefore, the rules of the Act do not govern the proceedings before the arbitrator in Mumbai.

When Section 1 IEA Does Not Apply

  • It did not apply to courts-martial held under the Army Act or the Naval Discipline Act. It also excluded courts-martial under the 1934 Indian Navy (Discipline) Act and the Air Force Act.
  • It did not apply to affidavits submitted to a court or an officer.
  • It did not apply to proceedings held before an arbitrator.

Section 1 IEA in the BSA

Section 1 IEA is now covered under Section 1 BSA.

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.

View detailed comparison (IEA 1 vs BSA 1) →

FAQs on Section 1 IEA

What is Section 1 IEA?▼

Section 1 of the Indian Evidence Act, 1872 gives the title, territorial reach, and commencement date of the Act. It applied the Act to court proceedings across India, while excluding affidavits, arbitration, and specified courts-martial.

Did Section 1 IEA apply to affidavits filed in a court?▼

No. Under Section 1 IEA, the Act did not apply to affidavits submitted to a court or an officer.

Did Section 1 IEA apply to all courts-martial?▼

No. While Section 1 IEA covered courts-martial, it excluded those held under the Army Act and the Naval Discipline Act. It also excluded courts-martial under the 1934 Indian Navy (Discipline) Act and the Air Force Act.

What is Section 1 IEA in BSA?▼

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

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·