Bharatiya Sakshya Adhiniyam, 2023
Section 170
Repeal and savings
(1) The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.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.
Why this exists
When a country replaces an old law with a new one, a 'repeal and savings' clause is a standard drafting tool used to avoid confusion and injustice. Courts and legislatures generally prefer that ongoing cases finish under the rules that existed when they began, rather than being disrupted midway by a new legal framework. This section follows that long-standing legislative practice, ensuring a smooth and fair transition from the Indian Evidence Act, 1872 to the Bharatiya Sakshya Adhiniyam, 2023.
Common misconceptions
- Myth: Once the old Evidence Act is repealed, all ongoing cases must immediately switch to the new Adhiniyam's rules.
Fact: The section specifically preserves the old Act's rules for cases that were already pending before the new law came into force. - Myth: Repealing a law automatically erases its effect on past or ongoing matters.
Fact: A 'savings clause' like this one ensures the old law still applies to specific pending matters even after it is repealed.