Repeal and savings.
What this section does
Section 170 repeals the Indian Evidence Act, 1872 and provides a savings clause: any application, trial, inquiry, investigation, proceeding, or appeal pending immediately before the BSA comes into force shall continue to be governed by the Indian Evidence Act, 1872 as if the BSA had not been enacted. This ensures continuity and prevents disruption of ongoing legal proceedings.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The IEA 1872 is repealed; pending proceedings continue under the IEA 1872 until concluded.
When it applies
- A criminal trial commenced before the BSA's commencement date will continue to be governed by the Indian Evidence Act, 1872 throughout its proceedings.
- An appeal pending before a High Court on the date the BSA comes into force will be decided under the IEA 1872, not the BSA.
Read the official text
For the binding statutory text of BSA Section 170, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 170 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.