Section 1: Short Title and Commencement

Overview

Section 1 of the Bharatiya Sakshya Bill, 2023 simply names the law – the ‘Bhartiya Sakshya Bill’ – and states *when* it will officially begin to be used. It doesn’t deal directly with what evidence is allowed in court, but it’s the starting point for all the new rules about evidence. The Central Government gets to decide the exact date it starts, by publishing a notice in the Official Gazette.

Key Principles / Ingredients

• Type of Evidence: This section doesn’t cover specific types of evidence (like oral testimony, documents, or electronic records). It’s a foundational section, setting the stage for the rules about all types of evidence that follow in the Bill.
• Conditions for Admissibility/Relevancy: No conditions are set here. Admissibility and relevancy are determined by *later* sections of the Bill.
• Burden of Proof Implications: This section doesn’t directly affect who needs to prove what in a case. The burden of proof is addressed in other sections dealing with specific types of evidence and presumptions.

How Courts Use this Provision

Judges will primarily use Section 1 to confirm the legal basis for applying the new evidentiary rules. If a case comes up *after* the commencement date announced by the government, the court will apply the Bharatiya Sakshya Bill. Before that date, the old Indian Evidence Act, 1872 would apply. It’s a reference point to ensure the correct law is being used.

Illustrations and Examples

• Example 1 – Simple Situation: A theft case is filed on January 15, 2024. The Central Government announces the Bharatiya Sakshya Bill will come into effect on January 1, 2024. The court will apply the Bharatiya Sakshya Bill to determine what evidence is admissible in this case.
• Example 2 – More Complex: A civil suit was filed in December 2023, but the trial begins in February 2024. The Bharatiya Sakshya Bill comes into effect on January 15, 2024. The court will likely apply the Bharatiya Sakshya Bill to all evidence presented *from* January 15, 2024 onwards, but may apply the old Evidence Act to evidence already presented before that date.

Important Provisos / Explanations

Section 1 doesn’t contain any provisos or explanations. It’s a straightforward statement of the Act’s name and commencement.

Difference from Old Evidence Act (if applicable)

The Indian Evidence Act, 1872 also had a similar section defining its short title and commencement. The key difference is that the Bharatiya Sakshya Bill provides for a commencement date to be *notified* by the government, offering flexibility in its implementation. The 1872 Act had a fixed commencement date.

Key Takeaways

• The law is called the ‘Bhartiya Sakshya Bill’.
• It doesn’t start being used immediately; the government will announce the start date.
• After the start date, courts will use this Bill to decide what evidence they can accept.
• Before the start date, the old Indian Evidence Act, 1872 will continue to apply.