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

A trial on a bank fraud at Chennai was pending before a Court on the day immediately before the Adhiniyam came into force. After commencement, the prosecution wants to prove a ledger by secondary evidence. Which law applies to this question of evidence in that pending trial?

The Indian Evidence Act, 1872 applies. Under Section 170(2), a trial pending immediately before commencement continues under the 1872 Act as if the Adhiniyam had not come into force, so the later date of leading evidence does not shift it to the new law.

  1. AThe Adhiniyam, because the evidence is led after commencement
  2. BThe Adhiniyam, because the ledger is an electronic record
  3. CThe Indian Evidence Act, 1872, because the trial was pending immediately before commencementCorrect
  4. DNeither law, as the trial must restart

Explanation

Section 170(2) saves a pending trial and directs that it be dealt with under the 1872 Act as in force immediately before commencement. The date on which particular evidence is led does not change this. The distractor based on post-commencement evidence ignores the saving.

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