Section 170(1): Repeal: The Indian Evidence Act, 1872 (1 of 1872) is hereby repealed.
Simple English: The previous evidence law of India, The Indian Evidence Act, 1872, is officially canceled and replaced by the Bharatiya Sakshya Adhiniyam, 2023.
Section 170(2): Savings (Pending Cases): Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872 (1 of 1872), as in force immediately before such commencement, as if this Adhiniyam had not come into force.
Simple English (Old Cases Use Old Law): Any legal case or process (trial, investigation, appeal) that was already pending (in process) on the day the new law begins will continue to be governed by the old Indian Evidence Act, 1872. The new law only applies to cases filed or initiated after its commencement date.
Example: A major criminal investigation started in February 2024. Even after the new Adhiniyam comes into effect on the appointed date (e.g., July 1, 2024), all evidence collection and admissibility for that specific investigation and the resulting trial must follow the rules of the 1872 Act.
