Section 170 Bharatiya Sakshya Adhiniyam, 2023: Repeal and savings

Section 170 of Bharatiya Sakshya Adhiniyam, 2023: Repeal and savings

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Indian Evidence Act, 1872 is hereby repealed.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

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 170

Section 170 formally repeals the Indian Evidence Act, 1872, while incorporating comprehensive savings clauses to protect pending proceedings, accrued rights, and previous operations of law.

Repeal of Colonial Statute: Formally repeals Act No. 1 of 1872, replacing it with the modernized Bharatiya Sakshya Adhiniyam, 2023.
Savings for Pending Proceedings: Any trial, inquiry, investigation, or proceeding pending on the date of commencement continues to be governed by the previous law unless specifically provided otherwise.
Continuity of Precedent & Rules: Rules, notifications, and appointments made under the repealed statute continue in force until superseded.

Key Landmark Precedents:

Union of India v. Sukumar Pyne (AIR 1966 SC 1206): The Supreme Court affirmed that changes in procedural and evidentiary law operate retrospectively on pending proceedings unless accrued substantive rights are affected.
State of Punjab v. Mohar Singh (AIR 1955 SC 84): Laid down the fundamental principles governing statutory repeal and savings under Section 6 of the General Clauses Act, 1897.

Courtroom Practice & Strategic Litigation Guidance:

In transitional litigations involving crimes committed or documents executed prior to July 1, 2024, Section 170 BSA ensures seamless continuity. Frame pleadings harmonizing substantive provisions under the old/new codes while applying the Adhiniyam's evidentiary standards.