AIBE 2026 – Bharatiya Sakshya Adhiniyam, 2023 [cite: 316]
Section-Wise Study Guide
Section 1: Preliminary [cite: 315]
Section 1 establishes the foundational details of the Act, specifically its name, where it legally applies, and its effective starting date[cite: 315].
- Short Title: The legislation is officially named the "Bharatiya Sakshya Adhiniyam, 2023"[cite: 316].
- Scope of Application: The Act governs all judicial proceedings taking place in or before any Court, which includes Courts-martial[cite: 317].
- Commencement Date: The Act came into force on July 1, 2024[cite: 319].
Exceptions: The rules of this Act explicitly do NOT apply to:
- Affidavits that are presented to any Court or officer[cite: 318].
- Proceedings held before an arbitrator[cite: 319].
Practical Application [cite: 320]
Consider a scenario involving a dispute over a commercial business contract[cite: 320]:
- Where the Act Applies: If Party A sues Party B in a standard civil court for breach of contract, the trial is a judicial proceeding[cite: 320]. The judge will use the rules laid out in the BSA 2023 to determine evidence admissibility[cite: 321].
- Arbitration Exception: If Party A and Party B resolve their dispute privately in front of an independent arbitrator, the proceedings are not bound by the strict evidence rules of this Act[cite: 322].
- Affidavit Exception: If a person submits a sworn written statement to establish a basic fact (like proof of serving a notice), the strict rules of evidence do not apply to that affidavit[cite: 323].