Section 1 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s a clear breakdown of Section 1 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 1 – Short Title, Application & Commencement
Short Title
The Act is officially named “The Bharatiya Sakshya Adhiniyam, 2023.” (
Applicability
The Act applies to all judicial proceedings in or before any Court, including courts-martial.
Exclusions: It does not apply to:
Affidavits presented to any court or officer,
Arbitration proceedings.
Commencement
The Act will come into effect on a date notified by the Central Government in the Official Gazette.
🧭 Why It Matters
| Feature | Significance |
|---|---|
| Naming | Establishes the legal identity of the Act (BSA, 2023) |
| Scope | Clarifies that all judicial settings—including military courts—fall within its purview |
| Exclusions | Affidavits and arbitration are expressly left out, ensuring they follow existing rules |
| Operational Clarity | Central Government notification ensures seamless implementation |
🔍 Notable Updates from the Prior Law
The historic Indian Evidence Act (1872) was limited by territorial and contextual boundaries, and did not apply to courts-martial
The BSA removes territorial restrictions and frameworks this evidence law as broadly applicable, modernizing judicial evidence rules.
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