Evidence Act · Chapter I · Preliminary

Evidence Act section 1 in the BSA

Evidence Act 1BSA 1

Evidence Act section 1, “Short title”, is now BSA section 1 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 1 to BSA 1

Now BSA section 1. It applies to all judicial proceedings before any Court, including Courts-martial, but not to affidavits or arbitration. The IEA’s statement of territorial extent and its exclusion of certain Courts-martial are dropped, and the commencement date is appointed by the Central Government (the IEA named 1 September 1872).

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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.

Bharatiya Sakshya Adhiniyam, 2023

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).