Home > Bharatiya Sakshya Adhiniyam, 2023 > Section 170

Section 170 BSA 2023: Repeal and Savings

Section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the repeal-and-savings provision. It repeals the Indian Evidence Act, 1872 while preserving the old evidence law for specified proceedings that were already pending immediately before the BSA came into force.

Act Bharatiya Sakshya Adhiniyam, 2023
Act Number Act No. 47 of 2023
In force from 1 July 2024

Text of Section 170 - Repeal and savings

170. (1) The Indian Evidence Act, 1872 is hereby repealed.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.

Meaning and effect of Section 170

Section 170 performs two functions. First, sub-section (1) formally repeals the Indian Evidence Act, 1872. Second, sub-section (2) creates a savings rule so that the change in evidence law does not automatically disturb proceedings that were already pending immediately before commencement of the BSA.

The BSA came into force on 1 July 2024. Therefore, the key transition question is whether an application, trial, inquiry, investigation, proceeding or appeal was pending immediately before that commencement date. If it was, Section 170(2) directs that it be dealt with under the Indian Evidence Act, 1872 as it stood immediately before commencement.

Important: Section 170 is a transitional provision. The applicability of the old Evidence Act to a particular matter should be assessed from the statutory language and the procedural status of that matter at commencement. Case-specific legal advice may be necessary where the status or stage of a proceeding is disputed.

Section 170 at a glance

Point Position under Section 170
Old law repealed Indian Evidence Act, 1872
New evidence law Bharatiya Sakshya Adhiniyam, 2023
Commencement 1 July 2024
Saved matters Pending application, trial, inquiry, investigation, proceeding or appeal immediately before commencement
Law governing saved matters Indian Evidence Act, 1872 as in force immediately before BSA commencement

Why the savings clause matters

A repeal ordinarily removes the repealed enactment from prospective operation. Section 170(2), however, expressly preserves the Indian Evidence Act, 1872 for the categories of pending matters specified in the provision. This provides continuity for proceedings already underway when the new evidence law commenced.

For practitioners and litigants, the commencement date and the status of the proceeding immediately before that date are therefore central when deciding whether the Indian Evidence Act, 1872 or the Bharatiya Sakshya Adhiniyam, 2023 applies.

Official legal sources

Frequently asked questions

What does Section 170 BSA provide?

It repeals the Indian Evidence Act, 1872 and saves specified proceedings that were pending immediately before the BSA came into force.

When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024.

Which law applies to proceedings pending before commencement?

Where Section 170(2) applies, the pending application, trial, inquiry, investigation, proceeding or appeal continues to be dealt with under the Indian Evidence Act, 1872 as in force immediately before commencement.