The Bharatiya Sakshya Adhiniyam applies to every legal document and proceeding, including affidavits and arbitration.

The Act specifically excludes affidavits presented to a court or officer, and proceedings before an arbitrator, from its scope.

The Act became law and started applying the moment it was passed.

The Act only comes into force on a specific date announced later by the Central Government through an Official Gazette notification.

Bharatiya Sakshya Adhiniyam, 2023

Section 1

Short title, application and commencement

–– (1) This Act may be called the Bharatiya Sakshya§

(2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.§

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.§

Why this exists

This section follows the standard drafting convention in Indian statutes: naming the Act, defining its scope of application, and specifying how and when it takes effect. The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872, as part of a broader overhaul of India's criminal and evidentiary laws. Excluding affidavits and arbitration from the Act's evidentiary rules reflects long-standing practice, since affidavits and arbitral proceedings are often governed by more flexible or separate procedural rules rather than the strict rules of evidence used in regular court trials.

Common misconceptions

Myth: The Bharatiya Sakshya Adhiniyam applies to every legal document and proceeding, including affidavits and arbitration.
Fact: The Act specifically excludes affidavits presented to a court or officer, and proceedings before an arbitrator, from its scope.
Myth: The Act became law and started applying the moment it was passed.
Fact: The Act only comes into force on a specific date announced later by the Central Government through an Official Gazette notification.