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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A forensic investigation into a fraud case was pending in a Delhi court on 30 June 2024, before the Bharatiya Sakshya Adhiniyam, 2023 commenced. Which rule of evidence governs that pending proceeding?

The Indian Evidence Act, 1872 governs. Under the repeal and savings provision, any proceeding, trial or inquiry pending immediately before the Adhiniyam's commencement continues under the 1872 Act as it stood then, as though the new Adhiniyam had not come into force.

  1. AThe Adhiniyam, as it is the later law
  2. BThe Indian Evidence Act, 1872, as in force immediately before commencementCorrect
  3. CRules chosen freely by the presiding judge
  4. DThe Adhiniyam for documents and the 1872 Act for witnesses

Explanation

Section 170 repeals the 1872 Act but saves pending applications, trials, inquiries, investigations, proceedings or appeals, which are dealt with under the 1872 Act as in force before commencement, as if the Adhiniyam had not come into force. A split approach is not provided.

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