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Indian Laws › Civil Procedure, Evidence and Enforcement › The Bharatiya Sakshya Adhiniyam, 2023 › Section 170
Bharatiya Sakshya Adhiniyam, 2023Section 170Chapter XII - Repeal and savings

Section 170
Repeal and savings

Reviewed by Ravi Sisodia · Last reviewed 10 October 2026

Section 170 repeals the Indian Evidence Act, 1872 and keeps it alive for one purpose: any application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before the Adhiniyam came into force is dealt with under the 1872 Act as it stood, as if the Adhiniyam had not come into force.

ActThe Bharatiya Sakshya Adhiniyam, 2023
ProvisionSection 170: Repeal and savings
ChapterChapter XII - Repeal and savings
Official textNCRB — Bharatiya Sakshya Adhiniyam, 2023, section 170

Section 170, official text

(1) The Indian Evidence Act, 1872 is hereby repealed.

(2) 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, as in force immediately before such commencement, as if this Adhiniyam had not come into force.

Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.

In plain words

Section 170 repeals the Indian Evidence Act, 1872 and keeps it alive for one purpose: any application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before the Adhiniyam came into force is dealt with under the 1872 Act as it stood, as if the Adhiniyam had not come into force.

Key points

Worked example

A criminal trial began in 2023 and is still going on in 2025. The trial was pending immediately before 1 July 2024, so the rules of evidence applied to it remain those of the Indian Evidence Act, 1872. A civil suit filed in August 2024 is governed by the Adhiniyam. Whether a particular step counts as a “pending” proceeding is a question to check against current case law for your forum.

Questions on section 170

When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?

On 1 July 2024, under the Ministry of Home Affairs notification S.O. 849(E) dated 23 February 2024 issued under section 1(3).

Which Act applies to a trial pending on 1 July 2024?

Under section 170(2), a trial, inquiry, investigation, proceeding or appeal pending immediately before commencement is dealt with under the Indian Evidence Act, 1872 as in force immediately before that date.

Is the Indian Evidence Act still in force?

It is repealed by section 170(1), but it continues to apply to the pending matters saved by section 170(2).

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Source and review trail

The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.

Official text
NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 170

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