Provides the formal title, territorial scope, and enforcement framework of the Act.
Introduction
Section 1 of the Bharatiya Sakhshya Adhiniyam, 2023 lays down the preliminary framework of the statute by specifying its short title, territorial application, and commencement. This provision serves as the foundational clause that determines the legal identity, geographical extent, and operational timeline of the legislation governing rules of evidence in criminal proceedings in India.
It replaces the introductory provision of the Indian Evidence Act, 1872 and establishes the applicability of the modern evidentiary regime introduced through the Bharatiya Sakhshya Adhiniyam, 2023.
Objective of the Provision
The primary objective of Section 1 is to formally introduce the statute and define:
- the official name of the legislation
- the territorial jurisdiction within which it applies
- the date from which it becomes enforceable
Such preliminary provisions are essential to remove ambiguity regarding the scope and enforceability of the statute.
Meaning / Concept
Section 1 contains three essential legal components that are standard in legislative drafting.
Short title
The short title provides the official legislative name by which the statute is cited in courts, academic writing, and legal practice.
Territorial application
This determines the geographical area where the statute operates and binds courts, authorities, and litigants.
Commencement
This specifies the date from which the statute becomes legally operative and enforceable.
Together, these elements define the legal identity and applicability of the enactment.
Detailed Explanation of the Section
Section 1 of the Bharatiya Sakhshya Adhiniyam, 2023 contains three clauses.
Short title
The statute shall be called the Bharatiya Sakhshya Adhiniyam, 2023. This title replaces the Indian Evidence Act, 1872 and reflects the legislative intent to modernize evidentiary law in criminal proceedings.
Extent of application
The Act extends to the whole of India. This ensures uniform evidentiary standards across all courts within the territorial jurisdiction of the country.
Commencement
The Act comes into force on such date as may be notified by the Central Government in the Official Gazette. This allows administrative flexibility in implementing the statute.
Key features of the provision include:
- formal legislative identification of the statute
- nationwide territorial applicability
- executive authority to notify the commencement date
- replacement of the earlier colonial-era evidentiary framework in criminal procedure
Procedure or Legal Framework
The operational framework of Section 1 functions as follows:
The Parliament enacts the Bharatiya Sakhshya Adhiniyam, 2023.
The statute is assigned its official legislative title.
The Central Government issues a notification in the Official Gazette specifying the enforcement date.
From the notified date onward:
- courts apply the provisions of the Bharatiya Sakhshya Adhiniyam, 2023
- evidentiary rules under the earlier statute cease to govern criminal proceedings where replaced
- the new statutory framework becomes binding across India
Thus, commencement depends upon executive notification rather than automatic enforcement upon enactment.
Judicial Interpretation
Although Section 1 itself is procedural and introductory in nature, courts have interpreted similar commencement provisions in earlier statutes to clarify their legal effect.
State of Orissa v. Chandrasekhar Singh (1970)
The Supreme Court held that where commencement of a statute depends upon government notification, the law becomes operative only from the date specified in such notification and not earlier.
A.K. Roy v. Union of India (1982)
The Supreme Court clarified that when a statute authorizes the executive to determine the date of enforcement, such delegation is constitutionally valid provided the legislative framework is complete.
These principles apply equally to Section 1 of the Bharatiya Sakhshya Adhiniyam, 2023.
Importance of the Provision
Section 1 plays a foundational role in criminal evidentiary law because it:
- formally establishes the identity of the statute
- clarifies territorial applicability across India
- determines the enforceability timeline
- ensures administrative flexibility in implementation
- marks the transition from the Indian Evidence Act, 1872 to a modern evidentiary framework
Without such a provision, uncertainty would arise regarding the applicability and commencement of the legislation.
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Connection with Other Sections
Section 1 operates as the preliminary provision of the Bharatiya Sakhshya Adhiniyam, 2023 and forms the gateway for applying all subsequent evidentiary rules contained in the statute.
It is closely connected with:
- definitions under Section 2 of the Bharatiya Sakhshya Adhiniyam, 2023
- provisions governing relevancy of facts
- rules relating to admissibility of evidence
- examination of witnesses
- documentary and electronic evidence provisions
Corresponding provision under the Indian Evidence Act, 1872
Section 1 of the Bharatiya Sakhshya Adhiniyam, 2023 corresponds to Section 1 of the Indian Evidence Act, 1872, which similarly defined the short title, extent, and commencement of the earlier statute.
Illustrative Example
Suppose Parliament passes the Bharatiya Sakhshya Adhiniyam, 2023 but the Central Government notifies its commencement from a later specified date.
Any criminal trial conducted before that notified date would continue to follow the earlier evidentiary regime where applicable. However, once the notified date arrives, all courts across India must apply the provisions of the Bharatiya Sakhshya Adhiniyam, 2023 in determining admissibility and relevancy of evidence.
Thus, the enforceability of the Act depends upon the commencement notification issued under Section 1.
Conclusion
Section 1 of the Bharatiya Sakhshya Adhiniyam, 2023 establishes the statutory identity, territorial reach, and commencement mechanism of the Act. It serves as the foundational clause enabling the uniform application of modern evidentiary principles across India and marks the formal transition from the earlier evidentiary framework to a contemporary legislative structure.
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