Evidence Act 1 vs BSA 1: Application and Commencement (2026)

In India, Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced Section 1 of the Indian Evidence Act, 1872 (IEA). The BSA came into force on 1 July 2024 under notification S.O. 849(E). It still applies to judicial proceedings, including Courts-martial, but drops the IEA's Courts-martial exception and its extent clause.

At a glance

IEA	BSA	What it provides	Key words (BSA text)	Change
1 (short title)	1(1)	Name of the Act	"This Act may be called the Bharatiya Sakshya Adhiniyam, 2023."	Minor edit
1 ("Extent")	—	Territorial extent	—	Omitted ("It extends to the whole of India")
1 ("Extent", continued)	1(2)	Proceedings to which the Act applies	"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"	Modified (Courts-martial exception dropped)
1 ("Commencement of Act")	1(3)	Commencement	"on such date as the Central Government may, by notification in the Official Gazette, appoint"	Modified (fixed date → notification)

Section 1 BSA creates no offence, so no First Schedule classification applies. The neighbouring provisions are Section 2(1)(a) BSA (meaning of "Court") and Section 170 BSA (repeal of the IEA and savings).

What changed

Minor edit — heading and short title. The IEA's section is headed "Short title", with side-headings "Extent" and "Commencement of Act" inside it. The BSA heading is "Short title, application and commencement", and the section is split into sub-sections (1) to (3). "This Act may be called the Indian Evidence Act, 1872" becomes "This Act may be called the Bharatiya Sakshya Adhiniyam, 2023".
Omitted — extent. The IEA said: "It extends to the whole of India". Section 1 BSA contains no extent clause. The India Code footnotes to the IEA record that the words "except the State of Jammu and Kashmir" were omitted by Act 34 of 2019 (with effect from 31 October 2019), and that earlier words "except Part B States" were substituted by Act 3 of 1951. This page draws no conclusion from the BSA's omission, which no judgment read has construed.
Modified — Courts-martial. Both texts apply the Act to judicial proceedings "including Courts-martial". The IEA continued: "other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58) the Naval Discipline Act [29 & 30 Vict., 109]; or ... the Indian Navy (Discipline) Act, 1934 (34 of 1934), or the Air Force Act (7 Geo. 5, c. 51)". Section 1(2) BSA has no exception: it applies to Courts-martial without qualification.
Identical in substance, minor punctuation — affidavits and arbitration. "but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator" is repeated word for word; the IEA ended the clause with a semicolon, the BSA with a full stop.
Modified — commencement. "And it shall come into force on the first day of September, 1872" becomes "It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint". Footnote 1 to Section 1 in the official BSA text records the date appointed: "1st July, 2024, vide notification No. S.O. 849(E), dated, 23rd day of February, 2024".
Contrast with the other two new Codes. Section 1(2) of the Bharatiya Nyaya Sanhita, 2023 adds that "different dates may be appointed for different provisions" (and Section 106(2) BNS was excluded from the 1 July 2024 notification). Section 1 BSA contains no such power, and the S.O. 849(E) footnote records no excepted provision.

Statutory text (relevant extract)

Extract, Section 1 IEA (repealed from 1 July 2024), with footnote markers removed:

Extent.––It extends to the whole of India and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the Army Act ... but not to affidavits 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.

Section 1 BSA — full text:

(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.

How it works

Section 1(2) BSA answers one question: does the BSA govern proof in this proceeding? The text gives four tests.

Is it a judicial proceeding? The Act applies to "all judicial proceedings". Proceedings that are not judicial fall outside the words.
Is it in or before a Court? "Court" is defined in Section 2(1)(a) BSA — word for word the IEA's definition in Section 3 — as including "all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence".
Is it a Court-martial? Courts-martial are expressly included. Under the BSA there is no carve-out for any Court-martial.
Is it an affidavit or an arbitration? Affidavits "presented to any Court or officer" and "proceedings before an arbitrator" are expressly excluded. The arbitrator exclusion appears twice: in Section 1(2) and in the definition of "Court" in Section 2(1)(a).

Commencement (Section 1(3)). The Act did not commence on enactment. The Gazette records that it received the President's assent on 25 December 2023 as Act No. 47 of 2023; the Central Government then appointed 1 July 2024 by S.O. 849(E) of 23 February 2024.

Repeal (Section 170). Section 170(1) repeals the Indian Evidence Act, 1872. Section 170(2) saves pending matters (see "Which law applies to your case" below).

What this means in practice

For advocates in criminal and civil courts

From 1 July 2024, cite the BSA in every judicial proceeding before a Court unless the matter is saved by Section 170(2). The BSA is not limited to criminal cases; Section 1(2) covers "all judicial proceedings".
An affidavit is not evidence merely because it is filed. Sudha Devi and Ayaaubkhan (below) hold that an affidavit can be used as evidence only if the court orders it under Order XIX CPC, or, per Ayaaubkhan, where the deponent is available for cross-examination and the other side is given the opportunity to cross-examine him.

For service personnel and advocates before Courts-martial

Section 1(2) applies the BSA to Courts-martial without the IEA's exception. The IEA exception named statutes cited by regnal year (44 & 45 Vict., c. 58; 29 & 30 Vict., 109; 7 Geo. 5, c. 51) and the Indian Navy (Discipline) Act, 1934. Whether any Court-martial held immediately before 1 July 2024 fell within that exception is not examined on this page.

For arbitrators, tribunals and inquiry officers

Arbitral proceedings are outside the BSA by the express words of Section 1(2).
On a reading of Section 1(2), domestic and departmental inquiries are not "judicial proceedings in or before any Court". Cholan Roadways (below) holds that the principles of the Evidence Act have no application to a domestic inquiry, while natural justice must be observed.

Judgments that still matter

None of the judgments below construes Section 1 itself. Each states a rule on a matter Section 1 names — affidavits, or proceedings outside a Court.

Smt. Sudha Devi v. M.P. Narayanan and Ors., [1988] 3 S.C.R. 756 (1988 INSC 121) — 26 April 1988. A.P. Sen and Lalit Mohan Sharma JJ. The plaintiff tried to fill a gap in her evidence with an affidavit filed in the Supreme Court. The Court refused: "affidavits are not included in the definition of 'evidence' in s. 3 of the Evidence Act and can be used as evidence only if for sufficient reason court passes an order under Order XIX, Rules 1 or 2 of the Code of Civil Procedure" (para 4; report p. 759). The appeals were allowed on other grounds and the suit remanded for retrial (paras 7–8).

Cholan Roadways Ltd. v. G. Thirugnanasambandam, [2004] Supp. 6 S.C.R. 1123 (2004 INSC 726) — 17 December 2004. N. Santosh Hegde and S.B. Sinha JJ. (judgment by Sinha J.). The Industrial Tribunal refused approval of a dismissal because the passengers had not been examined in the domestic inquiry. The Court said: "It is now a well-settled principle of law that the principle of Evidence Act have no application in a domestic enquiry", while holding that natural justice must be complied with and that the standard of proof in a domestic inquiry is preponderance of probability (report pp. 1132–1133). It set aside the judgments of the High Court (Single Judge and Division Bench) and directed that approval be granted. The judgment does not refer to Section 1; on a reading of the text, the rule is consistent with Section 1(2) BSA, which repeats the words confining the Act to judicial proceedings in or before a Court.

Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and Ors., [2012] 10 S.C.R. 994 (2012 INSC 512) — 8 November 2012. Dr. B.S. Chauhan and J.S. Khehar JJ. (judgment by Chauhan J.). In a caste-certificate dispute, the Court held that "an affidavit is not evidence within the meaning of Section 3" and can be used as evidence only if, for sufficient reasons, the court passes an order under Order XIX CPC, citing Sudha Devi (para 31). It added that where "the deponent is available for cross-examination", and the other side has the opportunity to cross-examine, the affidavit can be relied upon (para 36). The appeal was disposed of with costs against the fifth respondent (para 47).

Why they still matter. Section 1(2) BSA repeats the IEA's words on affidavits, arbitrators and "judicial proceedings in or before any Court", and Section 2(1)(a) BSA repeats the definition of "Court". On a reading of the text, these judgments remain relevant under the BSA. No Supreme Court judgment construing Section 1 BSA was found for this page.

Which law applies to your case

Section 170(2) BSA provides that if, immediately before the BSA came into force, "there is any application, trial, inquiry, investigation, proceeding or appeal pending", it "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". On a reading of that provision, a trial pending on 1 July 2024 continues to apply the IEA; a proceeding begun afterwards applies the BSA. See which law applies to an offence before 1 July 2024.

Frequently asked questions

When did the Bharatiya Sakshya Adhiniyam come into force? The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 1(3) BSA leaves commencement to a Central Government notification, and footnote 1 to Section 1 in the official text records notification S.O. 849(E), dated 23 February 2024, appointing 1 July 2024. The Indian Evidence Act, 1872 had come into force on 1 September 1872.

What is the BSA equivalent of Section 1 of the Evidence Act? Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 1 of the Indian Evidence Act, 1872. Sub-section (1) gives the short title, sub-section (2) says to which proceedings the Act applies, and sub-section (3) provides for commencement by notification. The Evidence Act was repealed by Section 170(1) BSA.

Does the BSA apply to Courts-martial? Yes. Section 1(2) BSA applies to all judicial proceedings in or before any Court, "including Courts-martial". The Evidence Act also included Courts-martial but excepted those convened under the Army Act (44 & 45 Vict., c. 58), the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 and the Air Force Act (7 Geo. 5, c. 51); Section 1(2) BSA carries no such exception.

Does the BSA apply to affidavits? No. Section 1(2) BSA, like Section 1 of the Evidence Act, provides that the Act does not apply to affidavits presented to any Court or officer. Construing the definition of evidence in Section 3 of the Evidence Act, the Supreme Court in Sudha Devi v. M.P. Narayanan ([1988] 3 S.C.R. 756, para 4) held that affidavits are not evidence and can be used as evidence only if the court so orders under Order XIX, Rules 1 or 2 CPC.

Does the BSA apply to arbitration or departmental inquiries? Section 1(2) BSA says the Act does not apply to proceedings before an arbitrator. It applies to judicial proceedings in or before a Court, and Section 2(1)(a) excludes arbitrators from the meaning of Court. For domestic inquiries, the Supreme Court in Cholan Roadways v. G. Thirugnanasambandam ([2004] Supp. 6 S.C.R. 1123) said the principles of the Evidence Act have no application, though natural justice must be followed.

Does the BSA say it extends to the whole of India? No. Section 1 of the Evidence Act stated that it "extends to the whole of India". Section 1 BSA has no extent clause; it states only the proceedings to which the Act applies. No judgment read for this page decides whether anything turns on the omission.

Which evidence law applies to a trial pending on 1 July 2024? Section 170(2) BSA provides that any application, trial, inquiry, investigation, proceeding or appeal pending immediately before the BSA came into force shall be dealt with under the Indian Evidence Act, 1872, as in force immediately before that commencement, as if the BSA had not come into force.

Sources

Bharatiya Sakshya Adhiniyam, 2023 (Gazette text, CG-DL-E-25122023-250882): long title, Sections 1, 2(1)(a) and 170; commencement footnote to Section 1 in the official text (S.O. 849(E)).
Indian Evidence Act, 1872 (India Code text): Section 1 with its footnotes, and the definition of "Court" in Section 3.
Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette texts): Section 1 of each, for comparison.
Judgments read in full text: Sudha Devi v. M.P. Narayanan (1988_3_756_761_EN.md); Cholan Roadways Ltd. v. G. Thirugnanasambandam (S_2004_6_1123_1140_EN.md); Ayaaubkhan Noorkhan Pathan v. State of Maharashtra (2012_10_994_1033_EN.md). S.C.R. citations checked against the report PDF page headers.

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 1 Evidence Act vs Section 1 BSA — Short Title, Application and Commencement