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

Mr. Arvind Menon's will case was pending in court on the day the Bharatiya Sakshya Adhiniyam, 2023 came into force. Under Section 170, how is that pending proceeding dealt with?

The pending proceeding continues under the Indian Evidence Act, 1872 as in force immediately before commencement. Section 170(2) saves pending applications, trials, inquiries, investigations, proceedings and appeals, treating the Adhiniyam as not having come into force for them.

  1. AUnder the Indian Evidence Act, 1872 as in force immediately before commencementCorrect
  2. BUnder the Bharatiya Sakshya Adhiniyam from the next hearing
  3. CRestarted afresh under the new Adhiniyam
  4. DStayed until the Succession Act is amended

Explanation

Section 170(2) provides that proceedings pending immediately before commencement are dealt with under the Indian Evidence Act, 1872 as if the Adhiniyam had not come into force.

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