Introduction and applicability of Indian Evidence Act, 1872

Your cousin files a consumer complaint in Thane and swears an affidavit to support it. Meanwhile his neighbour is on trial in a Sessions Court and a private arbitration is also running in a Fort office. Do the same rules of evidence bind all three? They do not. Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 decides where the Act reaches and where it stops, and the repeal clause decides which Act governs a case that started before July 2024.

In two minutes

The Bharatiya Sakshya Adhiniyam, 2023 applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits or to proceedings before an arbitrator, and it replaced the Indian Evidence Act, 1872 from 1 July 2024.

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