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

Repeal and savings

Section 170 repeals the Indian Evidence Act, 1872, and preserves its application to the listed matters pending immediately before commencement. Identify the relevant proceeding and its history before deciding which evidence law applies.

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The Indian Evidence Act, 1872 is repealed — the BSA takes its place.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(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.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: Subsection (1) repeals the former Act. Subsection (2) preserves the former Act for an application, trial, inquiry, investigation, proceeding or appeal pending immediately before commencement, on the terms stated. Do not decide a transitional question solely from the date of a later hearing or procedural stage: an earlier pending investigation or proceeding may require further legal analysis.

This note states the saving’s text without resolving every possible transition between procedural stages.

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repealed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

Identify the matter pending at the statutory cut-off; do not classify solely by the date of the present hearing.

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.

Teaching exampleA dispute arises over the applicable evidence law at a hearing after commencement. Establish whether an application, trial, inquiry, investigation, proceeding or appeal was already pending at the statutory cut-off before applying section 170(2).

✗ 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.

Reading boundaryThe saving identifies particular pending matters. A later hearing or trial date alone does not answer every transition question; examine the earlier procedural history and applicable authority.

Connected provisions

§ 1 · the pivot

Short title and commencement

The appointed day from which the BSA operates — the date the saving in (2) turns on.

§ 169 · previous

No new trial for improper admission

The last substantive rule of evidence — the provision just before the repeal.

the whole Act

BSA 2023 · Chapter Map

The complete section-by-section map of the new law of evidence, §§ 1–170.

lineage

IEA 1872, repealed

The Indian Evidence Act, 1872 is repealed — subject to the saving for matters pending at commencement.

Sources and reading note

BSA section 170(2). This explanation preserves the statutory categories and does not treat every later procedural event as an automatically new matter.

Explanatory corrections reviewed on 24 September 2026. Statutory quotation and commentary are kept separate.