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.
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(1) The Indian Evidence Act, 1872 is hereby repealed.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
- Commencement: section 1(3) left the date to the Central Government. By notification S.O. 849(E) of 23 February 2024 the Adhiniyam came into force on 1 July 2024.
- Repeal: sub-section (1) repeals the Indian Evidence Act, 1872.
- Savings: sub-section (2) applies the 1872 Act to anything of the listed kinds that was pending immediately before that date, which includes an investigation or trial already under way.
- New matters: proceedings that began on or after 1 July 2024 are governed by the Adhiniyam.
- Schedule: the Gazette text of the Act carries the certificate format referred to in section 63(4)(c) after this section.
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).
Related sections
- Section 1: Short title, application and commencement — short title, application and commencement
- Section 2: Definitions — definitions
- Section 63: Admissibility of electronic records — admissibility of electronic records and the section 63 certificate
Nearby sections
- Section 168 — Judge's power to put questions or order production
- Section 169 — No new trial for improper admission or rejection of evidence
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