​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Short Title, Application and Commencement [Section 1]

IntroductionSection 1 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the short title, application, and commencement of the Act. It specifies the name of the legislation, the proceedings to which it applies, and the extent of its operation.

Short Title of the Act [Section 1(1)]
Section 1(1) provides that the Act shall be called the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
This legislation replaces the Indian Evidence Act, 1872 and modernises the law relating to evidence in India, especially by recognising electronic and digital records.

Application of the Adhiniyam [Section 1(2)]
Section 1(2) states that the Bharatiya Sakshya Adhiniyam applies to:

• All judicial proceedings in or before any Court, and
• Courts-martial constituted under military laws.

Thus, the rules of evidence contained in the BSA govern proceedings before civil courts, criminal courts, revenue courts, and military courts where judicial functions are performed.
However, the Act does not apply to:

• Affidavits presented before any Court or officer, and
• Proceedings before an arbitrator.

The exclusion exists because affidavits and arbitration proceedings follow comparatively flexible procedures and are governed by separate legal principles or statutes.

Judicial Proceedings
The Act applies only to judicial proceedings. A judicial proceeding is one in which:

• Evidence may legally be taken on oath,
• Legal rights and liabilities are determined, and
• Judicial discretion is exercised by the authority.

Therefore, the BSA primarily governs proceedings involving formal adjudication by courts.

Courts-Martial
The expression “including Courts-martial” clarifies that military courts conducting judicial proceedings are also governed by the provisions of the BSA.
Thus, evidentiary rules under the Act are applicable to trials conducted under military law.

Exclusion of Affidavits
Affidavits are generally excluded from the operation of the BSA because they are merely written statements made on oath and do not constitute oral evidence in the strict sense unless specifically permitted by law.
However, affidavits may become admissible where statutes such as the Code of Civil Procedure, BNSS, or special enactments expressly allow their use as evidence.

Exclusion of Arbitration Proceedings
Proceedings before arbitrators are excluded because arbitration aims to provide speedy and less technical resolution of disputes. Arbitrators are not considered courts under the BSA and are mainly guided by principles of natural justice and the Arbitration and Conciliation Act, 1996.

Commencement of the Act [Section 1(3)]
Section 1(3) provides that the Act shall come into force on a date notified by the Central Government in the Official Gazette.
Accordingly, the Bharatiya Sakshya Adhiniyam came into force on 1 July 2024.

Important Points
Section 1 Deals With

• Short title
• Application
• Commencement

Applies To

• Judicial proceedings
• Civil courts
• Criminal courts
• Revenue courts
• Courts-martial

Does Not Apply To

• Affidavits
• Arbitration proceedings

Commencement

• Came into force on 1 July 2024.

Conclusion
Section 1 lays the foundation of the Bharatiya Sakshya Adhiniyam by defining its title, scope, and commencement. The Act mainly applies to judicial proceedings before courts and Courts-martial, while excluding affidavits and arbitration proceedings due to their special procedural nature. The enforcement of the BSA from 1 July 2024 marks an important development in the modernisation of Indian evidence law.