IEA Section 1 is now BSA 1: Short title
Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Indian Evidence Act, 1872 (IEA) provided that it extended to the whole of India, whereas Bharatiya Sakshya Adhiniyam, 2023 (BSA) excludes this provision of territorial extent.
Printed in both official correspondence tables (BPR&D and NCRB).
IEA 1: Short title
Before 1 July 2024
This Act may be called the Indian Evidence Act, 1872.
Extent. –– It extends to the whole of India [except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, [other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] [the Naval Discipline [29 & 30 Vict., 109] Act or *** the Indian Navy (Discipline) Act, 1934 (34 of 1934),] [or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator;
Commencement of Act.––And it shall come into force on the first day of September, 1872.
BSA 1: Short title, application and commencement
From 1 July 2024
(1) This Act may be called the Bharatiya Sakshya Adhiniyam,
(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 date as the Central Government may, by notification in the Official Gazette, appoint.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 1
They remain the law on IEA 1. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 1.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 9.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.