Code: Section 1 of the Bharatiya Sakshya Adhiniyam, 2023
(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.
Explanation of Section 1 – BSA, 2023
Section 1 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 sets out the basic details of the Act, including its official title, the scope of its applicability, and the method by which it will come into force.
Key Highlights:
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Official Title: The Act is formally named the Bharatiya Sakshya Adhiniyam, 2023.
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Applicability:
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Applies to all judicial proceedings in or before any Court, including Courts-martial.
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Does not apply to:
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Affidavits submitted to any Court or officer.
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Proceedings before an arbitrator.
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Commencement:
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The Act comes into effect on a date notified by the Central Government in the Official Gazette.
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Illustration
Example 1: Application to Judicial Proceedings
A criminal trial in a Sessions Court or a civil matter in a Family Court will be governed by the rules of the Bharatiya Sakshya Adhiniyam, 2023.
Example 2: Exclusion of Affidavits
A sworn affidavit filed in support of a bail application will not be governed by the rules of evidence under this Act.
Example 3: Arbitration Proceedings
If two companies are engaged in a private arbitration over a contract dispute, the Bharatiya Sakshya Adhiniyam will not apply to the evidentiary aspects of that proceeding.
Common Questions and Answers
1. What is the Bharatiya Sakshya Adhiniyam, 2023?
It is India’s new law on evidence, replacing the Indian Evidence Act, 1872. It governs the admissibility and evaluation of evidence in all judicial proceedings.
2. Does this Act apply to arbitration proceedings?
No. Section 1(2) clearly excludes arbitration proceedings from the scope of the Act.
3. Are affidavits governed by this law?
No. Affidavits submitted to courts or officers are excluded from the application of the Bharatiya Sakshya Adhiniyam.
4. Does the Act apply to military courts?
Yes. The Act applies to Courts-martial, unless otherwise excluded by a special law.
5. When does this Act come into force?
The Act will come into force on a date notified by the Central Government through an official Gazette notification.
Conclusion
Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 lays the foundation of the new evidence law in India. It establishes where the Act applies, what types of proceedings it excludes, and how it will come into effect. This clarity ensures that the judiciary and litigants are aware of the boundaries of the law from the outset.
For more in-depth legal explanations and updates on the Bharatiya Sakshya Adhiniyam, 2023, visit ApniLaw.
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