Section 1 of BSA: Short Title, Application and Commencement.

 


Vande Matram Friends!

Welcome to the blog series of New Criminal Laws in Bharat. In this blog I am comparing the provisions regarding short title, application and commencement of the Indian Evidence Act, 1872 (IEA) and Bharatiya Sakshya Adhiniyam, 2023 (BSA). To read more such blogs on the comparison and interpretation of these two statutes, please follow this blog and share it with others.

Before going further note some things regarding the presentation of the things. Provisions given in Red colour are from IEA and those given in Blue colour are from BSA.

Section 1 of IEA:

THE INDIAN EVIDENCE ACT, 1872; ACT NO. 1 OF 18721; [15th March, 1872.]

Preamble.—WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is hereby enacted as follows: —

PART I: RELEVANCY OF FACTS

CHAPTER I.––PRELIMINARY

1. Short title. ––This Act may be called the Indian Evidence Act, 1872.

Extent. –– It extends to the whole of India 2[3 4 ***] and applies to all judicial proceedings in or before any Court, including Courts-martial,  5[other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)]  6[the Naval Discipline Act [29 & 30 Vict., 109]; or  7*** the Indian Navy (Discipline) Act, 1934 (34 of 1934),]  8[or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits9 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.

Footnotes as in Bare Act of IEA:

1.  The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule, extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965) and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963,     s. 3 and Schedule I. The Act has been amended in West Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979.

2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.

3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

4. Ins. by Act 18 of 1919, s. 2 and the First Schedule.

5. Ins. by Act 35 of 1934, s. 2 and the Schedule.

6. The words “that Act as modified by” Omitted by the A.O. 1950.

7. Ins. by Act 10 of 1927, s. 2 and the First Schedule.

8. As to practice relating to affidavits, See the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 30 (c) and the First Schedule, Order XIX. See also the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 295 and 297.

9. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 2, the Indian Penal Code (Act 45 of 1860), s. 19; and for a definition of “District Judge”, the General Clauses Act, 1897 (10 of 1897), s. 3(17). 

Notes on Section 1 of IEA:

·         The Act is titled as The Indian Evidence Act, 1872. It was Act no. 1 of 1872. It got accent from British Parliament on Dt. 15th of March 1872.

·         As per footnote 1, said Act was enforced in various regions of India i.e. Bharat on various occasions. Before independence, IEA was in force in the areas where there was British Rule. IEA was not in force in Princely States. After independence it was adapted with some modifications as per the Adaptation of Laws Order, 1950 after enactment of the Constitution of India, 1949. And then it was enforced in various regions of Bharat as mentioned in Foot note no. 1 of the Bare Act provisions.

·         As per preamble of IEA, the Act provided to consolidate, define and amend the law of Evidence.

·         Part I of IEA is titled as “Relevancy of Facts”.

·         Chapter I of IEA is titled as “Preliminary”.

·         As per Section 1 of IEA, the said Act is called as Indian Evidence Act, 1872.

·         The said Act is extended to whole Bharat. It was initially not enforced in State of Jammu and Kashmir due to enforcement of Articles 35A and 370 in the State, but after abrogation of Articles 35A and 370, IEA was also enforced in the State of Jammu and Kashmir.

·         It applied to judicial proceedings in or before any Court – here Court included all the Courts in Bharat.

·         It also applied to the Court Martial and other than Court Martial under

o   The Army Act, 1950

o   The Naval Discipline Act, 1957

o   The Indian Navy (Discipline) Act, 1934

o   The Air Force Act, 1950

·         IEA is not applicable to the affidavits presented before any Court of officer.

·         IEA is not applicable to the proceedings before an arbitrator.

·         IEA came into force in British India i.e. the area of India governed by the British Rule on 1st September, 1872

Section 1 of BSA:

The following Act of Parliament received the assent of the President on the 25th December, 2023 and is hereby published for general information:—

THE BHARATIYA SAKSHYA ADHINIYAM, 2023; ACT NO. 47 OF 2023; [25th December, 2023.]

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

PART I

CHAPTER I: PRELIMINARY

1. Short title, application and commencement.

(1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.

(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.

 

Notes on Section 1 of BSA:

·         BSA got assent from President of Bharat on Dt. 25th December, 2023.

·         It came into force across the whole Bharat on 1st July, 2024.

·         It is called as Bharatiya Sakshya Adhiniyam, 2023 (BSA for short)

·         Purpose of BSA is to consolidate and provide for the general rules and principles of evidence.

·         As per the long title / preamble of the BSA, the Act provides for fair trial on the basis of rules and principles of evidence.

·         Fair trial is one of important pillar of natural justice.

·         It applied to judicial proceedings in or before any Court – here Court included all the Courts in Bharat.

·         It also applied to the Courts Martial under Indian Army Laws.

·         It is not specified under Sub-section (1) of Section 1 of BSA that it will be applied in other matters under the Indian Army Laws.

·         IEA is not applicable to the affidavits presented before any Court of officer.

·         IEA is not applicable to the proceedings before an arbitrator.

 

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