Section 1 of the Indian Evidence Act, 1872: Short Title, Extent and Commencement
Section 1 introduced the Indian Evidence Act, 1872, established its territorial and procedural reach, and fixed its original commencement date. The Act has since been repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023, subject to statutory savings for pending matters.
What did Section 1 of the Indian Evidence Act, 1872 provide?
Short title: The Act was called the Indian Evidence Act, 1872 (Act 1 of 1872).
Extent and application: In its amended form, the Act extended throughout India. It applied to judicial proceedings in or before courts, including courts-martial subject to the statutory exceptions then stated. It did not apply to affidavits presented to a court or officer, or to proceedings before an arbitrator.
Commencement: The Act came into force on 1 September 1872.
The historical statutory text contained references to earlier military enactments and subsequent amendments. Those references should be read in their historical context, not as a description of the present governing evidence statute.
What is the present law under Section 1 of the Bharatiya Sakshya Adhiniyam, 2023?
The corresponding introductory provision is Section 1 of the Bharatiya Sakshya Adhiniyam, 2023, titled Short title, application and commencement. It provides:
- Section 1(1) - Short title: The statute is called the Bharatiya Sakshya Adhiniyam, 2023.
- Section 1(2) - Application: It applies to judicial proceedings in or before any court, including courts-martial, but excludes affidavits presented to a court or officer and proceedings before an arbitrator.
- Section 1(3) - Commencement: The Central Government may appoint the commencement date by notification in the Official Gazette. Notification S.O. 849(E), dated 23 February 2024, appointed 1 July 2024.
The exclusion relating to affidavits does not mean that affidavits are universally inadmissible or legally ineffective. Their use and evidentiary value depend on the applicable procedural law, statutory provision and judicial directions. Likewise, arbitration proceedings are governed by their applicable legal framework rather than the evidence statute applying automatically.
Section 170: Repeal and savings for pending proceedings
Section 170(1) repeals the Indian Evidence Act, 1872. Section 170(2) provides that any application, trial, inquiry, investigation, proceeding or appeal pending immediately before 1 July 2024 shall be dealt with under the Indian Evidence Act, 1872 as it stood immediately before commencement, as though the new Act had not commenced.
Consequently, the commencement date and the statutory status of a particular matter are essential when determining which evidence law applies. The saving provision should be assessed against the facts and procedural history of the individual case.
Indian Evidence Act and Bharatiya Sakshya Adhiniyam: Key differences under Section 1
| Subject | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Short title | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
| Commencement | 1 September 1872 | 1 July 2024 |
| Judicial proceedings | Applied to court proceedings, subject to stated exceptions | Applies to court proceedings, including courts-martial |
| Affidavits and arbitration | Expressly excluded from Section 1 application | Expressly excluded from Section 1(2) application |
| Current status | Repealed, with saved pending matters | Current central evidence statute |
Practical implications
Example 1: A trial already pending immediately before 1 July 2024 falls within the class of proceedings expressly addressed by Section 170(2). The saved provisions of the 1872 Act therefore remain relevant.
Example 2: For a new judicial proceeding instituted after commencement, the Bharatiya Sakshya Adhiniyam is ordinarily the governing central evidence statute, subject to other applicable laws.
Example 3: A party relying on an affidavit must consider the applicable procedural rules. In civil proceedings, for example, Section 30(c) and Order XIX of the Code of Civil Procedure, 1908 are relevant to affidavit evidence.
Frequently asked questions
Is the Indian Evidence Act, 1872 still in force?
It was repealed from 1 July 2024 by Section 170(1) of the Bharatiya Sakshya Adhiniyam, 2023. However, Section 170(2) preserves its application to specified proceedings pending immediately before that date.
What is the replacement for Section 1 of the Indian Evidence Act?
Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the short title, application and commencement of the current law.
Does the Bharatiya Sakshya Adhiniyam apply to arbitration?
Section 1(2) expressly excludes proceedings before an arbitrator. Arbitration is governed by its own applicable statutory and procedural framework.
Official legislation and government sources
- Bharatiya Sakshya Adhiniyam, 2023 - official Act text (India Code PDF)
- Bharatiya Sakshya Adhiniyam - India Code Act record
- Ministry of Home Affairs - commencement notification S.O. 849(E)
- Bureau of Police Research and Development - new criminal laws resources
- Indian Evidence Act, 1872 - related LawDadi guide
Legal information is provided for general educational purposes. For a specific proceeding, consult the operative statutory text, procedural rules and relevant judicial decisions.