Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 170: Repeal and savings
(1) The Indian Evidence Act, 1872 is hereby repealed.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, as in force immediately before such commencement, as if this Adhiniyam had not come into force.
Brefe Detail
Section 170 of the Bhartiya Sakshya Adhiniyam, 2023, states that the Indian Evidence Act, 1872, is repealed. However, any applications, trials, inquiries, investigations, proceedings, or appeals that are pending before the commencement of this Adhiniyam will continue to be governed by the provisions of the Indian Evidence Act as they were before the new Adhiniyam took effect. This ensures that ongoing legal matters are not disrupted by the repeal.
Question & Answers
Q: What does Section 170 of the Bhartiya Sakshya Adhiniyam, 2023, address?
A: It addresses the repeal of the Indian Evidence Act, 1872, and the handling of pending legal matters.
Q: What happens to the Indian Evidence Act, 1872 under this section?
A: The Indian Evidence Act, 1872, is repealed.
Q: How will pending legal matters be handled after the repeal?
A: Pending applications, trials, inquiries, investigations, proceedings, or appeals will continue to be dealt with under the provisions of the Indian Evidence Act, 1872, as if the new Adhiniyam had not come into force.
Q: Does the repeal affect ongoing legal proceedings?
A: No, ongoing legal proceedings will be handled according to the Indian Evidence Act, 1872, prior to the repeal.
Example
1. Scenario: A trial is currently underway when the Bhartiya Sakshya Adhiniyam, 2023, comes into force.
Action: The trial was initiated under the Indian Evidence Act, 1872.
Outcome: The trial will continue to be governed by the provisions of the Indian Evidence Act, 1872.
2. Scenario: An appeal is pending before a court when the new Adhiniyam is enacted.
Action: The appeal was filed before the repeal of the Indian Evidence Act, 1872.
Outcome: The appeal will be processed according to the Indian Evidence Act as it stood before the repeal.
Summary
Section 170 of the Bhartiya Sakshya Adhiniyam, 2023, repeals the Indian Evidence Act, 1872, but ensures that any pending legal matters will still be governed by the old law. This provision protects the continuity and integrity of ongoing legal proceedings despite the introduction of the new Adhiniyam.
