Section 269 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
π Section 269 β Repeal and savings
This is the last section of the Bharatiya Sakshya Adhiniyam, 2023 and is a standard legal provision in new legislations that replace old ones.
π‘ What it says (Paraphrased):
Repeal of Old Law:
The Indian Evidence Act, 1872 is repealed.
This means the old law is no longer in force from the date the new Act (BSA, 2023) comes into effect.
Saving of Previous Acts or Proceedings:
Even though the old Evidence Act is repealed, anything done under it (such as:
Evidence presented,
Trials held,
Judgments delivered,
Procedures followed)
β shall still be considered valid.
In simpler words, past actions under the repealed law remain legally effective and recognized.
π§ Explanation and Purpose of Section 269
This section performs two critical legal functions:
β 1. Repealing Clause
It formally ends the application of the old Indian Evidence Act, 1872.
This clears the path for the Bharatiya Sakshya Adhiniyam, 2023 to be the sole law on evidence in India.
β 2. Savings Clause
Prevents legal confusion or injustice that could arise from the repeal.
Ensures that ongoing cases or past decisions based on the old law are not disturbed.
For instance:
If a case was tried and evidence was admitted under the 1872 Act, that won't be invalidated just because the law changed.
π Why is Section 269 Important?
Without this section, all past evidence-related proceedings might be questioned or challenged.
It ensures a smooth legal transition from the old law to the new one.
It reflects a continuity of justice β past actions arenβt undone just because a new law comes into force.
π Key Points to Remember:
| Aspect | Description |
|---|---|
| Repeal | Indian Evidence Act, 1872 is no longer in force. |
| Savings | Past and ongoing proceedings under the 1872 Act remain valid. |
| Continuity | Ensures that courts and parties don't have to re-do old procedures. |
| Legal Stability | Prevents legal chaos or reopening of old cases. |
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