Section 1 of BSA : Section 1: Short title, application and commencement.

Explanation using Example

Example 1:

Scenario: A criminal trial in a Sessions Court in Mumbai.

Explanation: The Bharatiya Sakshya Adhiniyam, 2023 applies to this trial because it is a judicial proceeding in a court. The evidence presented by both the prosecution and the defense will be governed by the rules and provisions of this Act. However, if an affidavit is submitted as part of the evidence, the specific rules of this Act will not apply to the affidavit itself.

Example 2:

Scenario: A disciplinary hearing in a Court-martial for an Indian Army officer.

Explanation: The Bharatiya Sakshya Adhiniyam, 2023 applies to this Court-martial proceeding. The evidence and testimonies presented during the hearing will be regulated by the provisions of this Act, ensuring that the process follows the established legal standards for evidence in judicial proceedings.

Example 3:

Scenario: A commercial dispute being resolved through arbitration in Delhi.

Explanation: The Bharatiya Sakshya Adhiniyam, 2023 does not apply to this arbitration proceeding. Arbitration is an alternative dispute resolution mechanism, and the Act explicitly states that it does not apply to proceedings before an arbitrator. Therefore, the rules of evidence in this arbitration will be determined by the arbitration agreement and relevant arbitration laws, not by this Act.

Example 4:

Scenario: A civil lawsuit in the High Court of Karnataka involving a property dispute.

Explanation: The Bharatiya Sakshya Adhiniyam, 2023 applies to this civil lawsuit because it is a judicial proceeding in a court. All evidence, including documents, witness testimonies, and expert opinions, will be governed by the rules and provisions of this Act. However, if any affidavits are presented, the specific rules of this Act will not apply to those affidavits.

Example 5:

Scenario: A notification in the Official Gazette by the Central Government.

Explanation: The Bharatiya Sakshya Adhiniyam, 2023 will come into force on the date specified in the notification issued by the Central Government in the Official Gazette. For instance, if the notification states that the Act will come into force on 1st January 2024, then from that date onwards, the provisions of this Act will be applicable to all relevant judicial proceedings.