Section 170 of BSA : Section 170: Repeal and savings.

Explanation using Example

Example 1:

Scenario: A criminal trial for theft is ongoing in a district court in Mumbai. The trial began in January 2023, and the court has been following the Indian Evidence Act, 1872, to evaluate the evidence presented.

Application of Section 170: When the Bharatiya Sakshya Adhiniyam 2023 comes into force in April 2023, the ongoing trial will not switch to the new rules. Instead, it will continue to be governed by the Indian Evidence Act, 1872, as it was before the new act came into effect. This ensures that the trial proceeds without any disruption or confusion due to changes in the law.

Example 2:

Scenario: A civil case regarding a property dispute is under investigation in Delhi. The investigation started in February 2023, and the authorities are using the Indian Evidence Act, 1872, to gather and assess evidence.

Application of Section 170: Even after the Bharatiya Sakshya Adhiniyam 2023 is enacted in April 2023, the investigation will continue under the provisions of the Indian Evidence Act, 1872. This means that all the evidence collected and the procedures followed will be based on the old act, ensuring consistency and fairness in the investigation process.

Example 3:

Scenario: An appeal is pending in the High Court of Karnataka regarding a fraud case. The appeal was filed in March 2023, and the court is using the Indian Evidence Act, 1872, to review the evidence and arguments.

Application of Section 170: With the Bharatiya Sakshya Adhiniyam 2023 coming into force in April 2023, the appeal will still be decided based on the Indian Evidence Act, 1872. The new act will not affect the ongoing appeal, and the court will continue to apply the old rules to ensure a fair and just decision.

Example 4:

Scenario: A police investigation into a cybercrime case is underway in Hyderabad. The investigation began in December 2022, and the police are following the Indian Evidence Act, 1872, to collect and analyze digital evidence.

Application of Section 170: After the Bharatiya Sakshya Adhiniyam 2023 is enacted in April 2023, the ongoing investigation will not be affected by the new act. The police will continue to use the Indian Evidence Act, 1872, to complete their investigation, ensuring that the process remains consistent and legally sound.