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Practice paper — BSA Chapter XII — Repeal And Savings

5 questions · answer key at the end · no time limit

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1.What is the effect of subsection (1) of Section 170 of the Bharatiya Sakshya Adhiniyam, 2023?
- (A) It repeals the Indian Evidence Act, 1872.
- (B) It amends certain provisions of the Indian Evidence Act, 1872.
- (C) It validates the continued operation of the Indian Evidence Act, 1872.
- (D) It suspends the Indian Evidence Act, 1872 for a limited period.
2.According to subsection (2), how shall any application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before the Adhiniyam came into force be dealt with?
- (A) Under the provisions of the Bharatiya Sakshya Adhiniyam, 2023.
- (B) As per directions of the court hearing the matter.
- (C) 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.
- (D) Under a blended application of both Acts.
3.An appeal is filed after the Adhiniyam comes into force against an order in a trial that was pending immediately before commencement. Is that post-commencement appeal covered by subsection (2)?
- (A) Yes — all appeals connected to pre-commencement trials are covered.
- (B) No — subsection (2) covers only appeals that were pending immediately before the date on which this Adhiniyam comes into force.
- (C) Yes — but only if the trial judge certifies it relates to the earlier trial.
- (D) Yes — if the appeal is filed within 60 days after commencement.
4.If an inquiry into events that occurred before commencement is instituted after the Adhiniyam comes into force, does subsection (2) of Section 170 automatically preserve the Indian Evidence Act, 1872 for that inquiry?
- (A) Yes — any inquiry about pre-commencement events is preserved under the old Act.
- (B) Yes — but only if the inquiry is requested by a party to a pending proceeding.
- (C) Only if the legislature issues a separate notification preserving it.
- (D) No — subsection (2) applies only to inquiries that were already pending immediately before the Adhiniyam came into force.
5.If a proceeding that was pending immediately before commencement is abated and then re-filed after the Adhiniyam comes into force, does subsection (2) explicitly state which Act will govern the re-filed proceeding?
- (A) Yes — it explicitly states the re-filed proceeding will continue under the old Act.
- (B) No — subsection (2) only addresses matters that were pending immediately before commencement and does not expressly deal with abated then re-filed proceedings.
- (C) Yes — it explicitly transfers such re-filed proceedings to the new Adhiniyam.
- (D) Yes — it allows the parties to choose which Act applies.

Answer key

1. A2. C3. B4. D5. B

Explanations

1. (A) Subsection (1) states explicitly: "The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed." This is a direct repeal, not an amendment, validation or temporary suspension.
2. (C) Subsection (2) states that such pending matters "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." It therefore preserves the old Act for pending matters.
3. (B) Subsection (2) applies to any "appeal pending" "immediately before the date on which this Adhiniyam comes into force." An appeal filed after commencement was not "pending immediately before" and therefore is not covered by the savings clause in subsection (2).
4. (D) Subsection (2) protects "any application, trial, inquiry, investigation, proceeding or appeal pending" "immediately before the date on which this Adhiniyam comes into force." An inquiry instituted after commencement is not described as "pending immediately before" and therefore is not automatically preserved by subsection (2).
5. (B) Subsection (2) speaks to matters "pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with" under the old Act if they were pending "immediately before" commencement. It does not expressly address the situation of proceedings abated and re-filed after commencement, so the provision is silent on that specific eventuality.