CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law
Which of the following is NOT among the kinds of pending matters that Section 170(2) of the Adhiniyam saves for treatment under the Indian Evidence Act, 1872?
A fresh proceeding first instituted after the Adhiniyam came into force is not saved. Section 170(2) protects only an application, trial, inquiry, investigation, proceeding or appeal pending immediately before commencement, which continue under the 1872 Act.
- AA pending investigation
- BA pending appeal
- CA pending inquiry
- DA fresh proceeding first instituted after the Adhiniyam came into forceCorrect
Explanation
Section 170(2) lists any application, trial, inquiry, investigation, proceeding or appeal pending immediately before commencement. A proceeding first instituted after commencement was not pending then, so it falls under the Adhiniyam.
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