Introduction
The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) is India’s new law on evidence. It forms part of the wider Indian criminal law reforms 2023, alongside the Bharatiya Nyaya Sanhita and the Bharatiya Suraksha Adhiniyam 2023. These three laws replaced colonial-era legislation that had governed criminal law for over 150 years.
At first glance, BSA Section 1 looks short and technical. But it is the doorway to the Act: it tells us the short title, the extent, the applicability, and the commencement of BSA. It also explains which earlier legislation the BSA has replaced. In this article we give a clear BSA Section 1 2023 introduction, explain the BSA Section 1 meaning, and answer all common questions — in plain, simple language.
Breakdown of BSA Section 1
(1) Short Title
The Act’s official name is the Bharatiya Sakshya Adhiniyam, 2023. This is the short title of BSA and how lawyers, courts, and academics will cite it.
(2) Extent and Applicability
The extent of BSA 2023 is wide. It applies to:
- All judicial proceedings in or before any Court, and
- Courts-martial (military trials).
But there are exceptions. Section 1 says the Act does not apply to:
- Affidavits presented to a court or officer, and
- Proceedings before an arbitrator.
In terms of territorial scope BSA, the Act applies to the whole of India, because it is a central legislation passed by Parliament.
(3) Commencement
The commencement of BSA is decided not inside the law itself, but by the Central Government through a notification in the Official Gazette. On 15 February 2024, the Government announced that the BSA enforcement date would be 1 July 2024. From that date onward, the implementation of BSA 2023 began in every Indian court.
Frequently Asked Questions (FAQ)
What is the short title of the Bharatiya Sakshya Adhiniyam, 2023?
The short title is simply “Bharatiya Sakshya Adhiniyam, 2023.” This is the legal name that appears at the top of every section and in every reference to the law.
To what extent does the Bharatiya Sakshya Adhiniyam, 2023 apply?
The extent of BSA 2023 covers all judicial proceedings in or before courts in India, including courts-martial. But it does not cover affidavits or arbitration proceedings.
From which date did the Bharatiya Sakshya Adhiniyam, 2023 come into force?
The commencement of BSA was 1 July 2024, as declared in the Gazette notification. Before that date, the older Evidence Act still applied.
Which earlier legislation does the Bharatiya Sakshya Adhiniyam, 2023 replace?
It replaces the Indian Evidence Act, 1872, which had governed the law of evidence in India for more than 150 years.
Does the BSA, 2023 apply to the whole of India? Are there any exceptions?
Yes. The territorial scope BSA is nationwide. It applies to the whole of India. The only exceptions are affidavits and arbitrations, where the BSA does not apply.
Why was the Bharatiya Sakshya Adhiniyam, 2023 enacted?
The government explained that the BSA was enacted as part of Indian criminal law reforms 2023 to modernize the law of evidence. The 1872 Act was outdated, especially in the digital age. The BSA focuses on making rules clearer for electronic records, digital communications, and speedy trials.
Mention the year in which the Bharatiya Sakshya Adhiniyam was passed.
The law was passed in 2023 and enforced from 1 July 2024.
Compare BSA Section 1 2023 with Section 1 of the Indian Evidence Act, 1872.
- Indian Evidence Act, 1872, Section 1: It gave the title of the Act, its extent, and commencement, but in colonial language and context. It excluded certain matters (such as affidavits) but did not address modern needs like courts-martial or electronic records.
- BSA Section 1 meaning (2023): Similar structure but updated. It clearly includes courts-martial, excludes arbitrations, and allows commencement through government notification. It also reflects the scope of Bharatiya Suraksha Adhiniyam reforms by linking evidence law to broader criminal justice changes.
Explain the importance of BSA Section 1 in the interpretation.
BSA Section 1 sets the boundaries of the Act. Courts use it to decide whether the law applies to a particular proceeding. For example, if a dispute arises in arbitration, Section 1 clarifies that the BSA does not apply. Without Section 1, judges and lawyers would not know where to start.
What is the significance of “extent and commencement” in any legislation? Illustrate with reference to BSA, 2023.
Every law must make two things clear:
- Extent — where and to whom the law applies.
- Commencement — from which date the law becomes effective.
In the case of BSA 2023:
- The extent is all courts in India, including courts-martial, but not affidavits or arbitrations.
- The commencement was 1 July 2024, fixed by government notification.
This clarity ensures no one can dispute whether the law is in force or whether it covers their case.
Real-Life Examples
Example 1: Criminal Trial
A murder case is filed in August 2024 in a Sessions Court. Because it started after the BSA enforcement date, all evidence rules — how witnesses are examined, how digital evidence is admitted — are governed by the BSA.
Example 2: Court-Martial
An Air Force officer faces a disciplinary trial in September 2024. Since BSA Section 1 explicitly includes courts-martial, the evidence in the trial is assessed under the BSA, not under separate rules.
Example 3: Arbitration Dispute
Two businesses choose arbitration in October 2024. The arbitrator is not bound by the BSA because BSA Section 1 excludes arbitration. Instead, the Arbitration and Conciliation Act, 1996 and the parties’ agreement guide the process.
Example 4: Family Court Affidavit
In a divorce case, one party files an affidavit in support of their petition. Section 1 clarifies that affidavits are excluded from the BSA, so the court relies on procedural rules for affidavits, not evidentiary provisions of the BSA.
BSA Section 1 Official Statements and Sources
- Ministry of Home Affairs: Explained that the three new laws were part of modernization and decolonization of Indian criminal law.
- Official Gazette: Published the notification appointing 1 July 2024 as the BSA enforcement date.
- Press Information Bureau: Confirmed the simultaneous enforcement of the BSA, Bharatiya Nyaya Sanhita, and Bharatiya Suraksha Adhiniyam 2023.
Practical Checklist
- If your case is in a court or court-martial after 1 July 2024, the BSA applies.
- If it involves affidavits or arbitrations, the BSA does not apply.
- Always check the implementation of BSA 2023 through official sources.
- For older cases, transitional rules or court directions may decide whether BSA or the old Evidence Act applies.
Also read: BNSS Section 1
Conclusion
The overview of BSA Section 1 shows that even a short opening section of a law can shape its entire working. It gives the short title BSA, explains the extent of BSA 2023, sets the territorial scope BSA, and fixes the commencement of BSA through government notification.
It came into force on 1 July 2024, replacing the Indian Evidence Act, 1872. The BSA applies to courts and courts-martial across India, but not to affidavits or arbitrations.
In simple terms, BSA Section 1 meaning is this: it tells us what the law is called, where it applies, and from when. Without it, judges and lawyers would not know whether the BSA governs a case. By laying down these foundations, Section 1 ensures the smooth implementation of BSA 2023 and provides certainty to everyone involved in the justice system.