Code: Section 170 BSA
(1) The Indian Evidence Act, 1872 is hereby repealed.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, as in force
immediately before such commencement, as if this Adhiniyam had not come into force.
Explanation of Section 170 BSA
Section 170 of the Bharatiya Sakshya Adhiniyam (BSA) deals with the repeal of the Indian Evidence Act, 1872, and the savings clause to ensure that ongoing legal processes are not disrupted by the introduction of the new legislation.
Key Provisions:
- Repeal of the Indian Evidence Act, 1872
This provision repeals the Indian Evidence Act, 1872, thereby rendering it no longer applicable once the Bharatiya Sakshya Adhiniyam (BSA) comes into force. - Savings Clause
Despite the repeal, any legal matter—such as applications, trials, inquiries, investigations, proceedings, or appeals—that is already in progress before the new law takes effect will continue under the provisions of the Indian Evidence Act, 1872, as it existed before the commencement of the BSA. Essentially, ongoing cases will not be immediately governed by the new Adhiniyam; they will remain under the old legal framework until their conclusion.
Illustration
Example 1: Ongoing Trial
If a trial is underway and the Bharatiya Sakshya Adhiniyam (BSA) comes into force while the trial is still pending, the trial will continue to follow the Indian Evidence Act, 1872, instead of the BSA. The new law does not apply to this case.
Example 2: Pending Appeal
If there is an appeal pending before the higher court when the BSA is enacted, that appeal will still be decided according to the Indian Evidence Act, 1872, and not by the new provisions of the BSA.
Common Questions and Answers on Section 170 BSA
- What happens if a case is pending when the BSA comes into force?
- The case will continue to be governed by the Indian Evidence Act, 1872, and not the provisions of the BSA.
- Does the repeal of the Indian Evidence Act affect ongoing trials?
- No, the ongoing trials will continue under the provisions of the Indian Evidence Act, 1872, as if the new law had not come into effect.
- When does the BSA start applying to cases?
- The BSA applies to new cases, applications, or proceedings initiated after it comes into force, but not to those that were already in progress.
Conclusion
Section 170 ensures a smooth transition from the Indian Evidence Act, 1872, to the new Bharatiya Sakshya Adhiniyam (BSA) by safeguarding the ongoing legal processes. It provides that any application, trial, inquiry, investigation, or appeal pending before the commencement of the BSA will continue to be governed by the previous law, thus preventing any disruption in ongoing legal matters.
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