§ SECTION 170 · BSA 2023 · REPEAL AND SAVINGS · THE FINAL SECTION

Repeal and savings

The Act’s closing provision. The Indian Evidence Act, 1872 is repealed — but every matter already pending when the new Act begins continues under the old law, as if the change had never happened.

How to read Section 170

Out with the old Act, in with the new — but nothing already in progress is disturbed. Cases that had begun before the appointed day run to their end under the 1872 Act; everything after it is governed by the BSA.

The repeal

The Indian Evidence Act, 1872 is repealed — the BSA takes its place.

The saving

But matters already pending when the BSA comes into force are not disturbed.

Old Act continues

Those matters are dealt with under the 1872 Act, as if the BSA had not come into force.

The bare Act

The section in its own words — the repeal, then the saving for pending matters.

Section 170 · verbatim

(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.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 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force.

In short: this is the Act’s closing provision — a standard repeal and saving. Sub-section (1) repeals the Indian Evidence Act, 1872: the old law ceases to have effect, and the Bharatiya Sakshya Adhiniyam takes its place. Sub-section (2) supplies the transitional saving. Notwithstanding the repeal, any matter that was already pending immediately before the BSA came into force — whether an application, trial, inquiry, investigation, proceeding or appeal — is to be dealt with under the 1872 Act as it stood before that date, as if this Adhiniyam had not come into force. In other words, cases in progress are not disrupted midway by the change of law: they run to their conclusion under the rules they began under, while everything commencing after the appointed day is governed by the new Act. This avoids retrospective confusion and protects the settled expectations of parties already before the courts.

→ The concluding section of the BSA 2023 — it replaces the Indian Evidence Act, 1872, while preserving pending matters under the old law.

Glossary

repealed

The old Act is abolished — it no longer has force.

Notwithstanding such repeal

Despite the repeal — an exception follows.

pending

Already under way, not yet concluded, when the BSA begins.

application, trial, inquiry, investigation, proceeding or appeal

The range of matters the saving protects.

as in force immediately before such commencement

Under the 1872 Act as it then stood.

as if this Adhiniyam had not come into force

Treated, for those matters, as though the BSA never began.

The picture

The 1872 Act is repealed and the BSA governs from commencement — but a saving carries every pending matter through to its end under the old law.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The repealThe saving

the repealOut with the old Act

In one lineThe Indian Evidence Act, 1872 is repealed — the BSA 2023 replaces it as the law of evidence.

(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.→ the old Act ceases to have effectthe 151-year-old Evidence Act is abolished and replaced by the BSA 2023.

ExampleFrom the day the BSA comes into force, a court trying a fresh case applies the new Act — the 1872 Act no longer governs new matters.

✗ Not thisRepeal is not retrospective across the board. Sub-section (2) carves out everything already pending — see the next tab.

the savingPending matters finish under the old law

In one lineA matter already pending at commencement — application, trial, inquiry, investigation, proceeding or appeal — is dealt with under the 1872 Act, as if the BSA had not begun.

(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,→ the condition: a matter pending at commencementdespite the repeal, wherever a matter was already under way when the new Act began…

then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force.→ the effect: it runs on under the old Act…it is decided under the 1872 Act as it then stood, untouched by the change of law.

ExampleA criminal trial part-heard when the BSA commences continues to its verdict under the 1872 Act — the parties are not made to re-run their evidence under a new set of rules midstream.

✗ Not thisThe saving is not open-ended. It protects only what was pending at commencement; anything begun after the appointed day falls squarely under the BSA.

Connected provisions

§ 1 · the pivot

IEA 1872, repealed

The Indian Evidence Act, 1872 is repealed — subject to the saving for matters pending at commencement.

BSA 2023 § 170 — Repeal and savings