Short title, application and commencement
The opening section does three jobs: it names the Act, fixes where it speaks — every judicial proceeding, including Courts-martial — and switches it on from 1 July 2024.
How to read Section 1
The housekeeping section — get its three moves before anything else.
Every Act opens by settling its name, its reach and its start date. Section 1 does exactly that — sub-section by sub-section.
It applies to all judicial proceedings in or before any Court, including Courts-martial — but not to affidavits, and not to arbitration.
An affidavit is a sworn written statement tested by its own rules; an arbitrator is a private adjudicator who is not bound by strict evidence law.
The bare Act
The section in its own words — colour-keyed by what each phrase does.
(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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 1st July, 2024, vide notification No. S.O. 849(E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
In short: the Act is cited as the Bharatiya Sakshya Adhiniyam, 2023; it governs evidence in every judicial proceeding before any Court including Courts-martial; it does not govern affidavits or arbitral proceedings; and it commenced on 1 July 2024 by Gazette notification.
→ Where a tribunal is not a “Court” taking evidence in a judicial proceeding — or the material is an affidavit or an arbitration — this Act does not control it.
Glossary
A proceeding before a court in the course of which evidence is or may be lawfully taken.
Military courts that try members of the armed forces — expressly inside the Act’s reach.
A written statement sworn or affirmed before an authorised officer — presented to a court, but outside this Act.
A private adjudicator chosen by the parties (Arbitration and Conciliation Act, 1996) — not bound by these evidence rules.
The Central Government’s published order fixing the start date — S.O. 849(E) of 23-2-2024 appointed 1 July 2024.
The picture
One look — where the Act speaks, and where it stays silent.
Sub-section by sub-section
Three moves, in order — each one hands over to the next.
“This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.”
The official citation name. “Sakshya” = evidence; “Adhiniyam” = Act. Courts, pleadings and statutes cite it by this name.
“all judicial proceedings in or before any Court, including Courts-martial” — “but not to affidavits … nor to proceedings before an arbitrator”
One sweeping grant, two carve-outs. The grant covers every court that takes evidence judicially — and, unlike section 1 of the 1872 Act, the text no longer carves out Courts-martial held under the Army, Navy and Air Force Acts. The carve-outs leave affidavits to their own rules and arbitration to its flexible procedure.
“It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”
A conditional start: Parliament passed the Act in December 2023, but the switch was thrown by notification — S.O. 849(E) (23-2-2024) fixed 1 July 2024, the same day its two companion codes began.
Connected provisions
Definitions
Chapter I’s other section — the vocabulary (“fact”, “evidence”, “proved”, “document”) every later section runs on.
Relevancy of Facts
Once Section 1 opens the gate, Chapter II decides which facts a court may receive.
Repeal and Savings
The bookend: it repeals the Indian Evidence Act, 1872, saving what was already done under it.
BNS & BNSS
The Adhiniyam commenced on 1 July 2024 alongside the Bharatiya Nyaya Sanhita (replacing the IPC) and the Bharatiya Nagarik Suraksha Sanhita (replacing the CrPC).