Section 170: Application of the Code of Criminal Procedure

Overview

Section 170 of the Bhartiya Sakshya Bill, 2023, is a connecting provision. It essentially states that the rules and procedures for how evidence is presented and handled in criminal cases (as laid down in the Code of Criminal Procedure, or CrPC) will also be followed in cases under this new Evidence Act, unless the new Act specifically says otherwise. This ensures consistency between criminal and other types of legal proceedings regarding evidence.

Key Principles / Ingredients

• Type of Evidence Covered: This section applies to all types of evidence – oral testimony (what witnesses say), documentary evidence (written documents like contracts or letters), electronic records (emails, messages, data), and even presumptions (things the court assumes to be true unless proven otherwise).
• Conditions for Admissibility/Relevancy: The CrPC lays down rules about what evidence a court can consider (admissible evidence) and what evidence is relevant to the case. Section 170 means these rules apply here too. For example, rules about witness competency (who can testify) or how to present documents correctly.
• Burden of Proof Implications: The CrPC also deals with who has the responsibility to prove a fact (burden of proof). Section 170 means those rules about burden of proof will generally apply in proceedings under the Bhartiya Sakshya Bill.

How Courts Use this Provision

Judges will use Section 170 when questions arise about the procedure for presenting evidence. If the Bhartiya Sakshya Bill doesn’t have a specific rule for something (like how to examine a witness), the judge will look to the CrPC for guidance. It’s a ‘default’ rule, ensuring a smooth process. The court will first check if the Sakshya Bill has a specific provision. If not, the CrPC provisions will be applied.

Illustrations and Examples

• Example 1 – Simple Situation: A witness in a property dispute case refuses to take an oath before testifying. The court will refer to the CrPC (specifically Section 166) to handle this situation, as the Sakshya Bill doesn’t detail oath-taking procedures.
• Example 2 – More Complex Situation: A digital signature on an email is questioned in a contract dispute. The Sakshya Bill outlines rules for electronic evidence, but doesn’t specify the exact procedure for verifying a digital signature. The court would then refer to relevant sections of the CrPC dealing with document verification and expert testimony to determine admissibility.

Important Provisos / Explanations

There are no specific provisos or explanations attached to Section 170. Its power is limited by the phrase “unless otherwise expressly provided” – meaning if the Bhartiya Sakshya Bill *does* have a rule on a particular matter, that rule takes precedence over the CrPC.

Difference from Old Evidence Act (if applicable)

The Indian Evidence Act, 1872, also relied on procedural aspects being governed by other laws like the CrPC. Section 170 of the Bhartiya Sakshya Bill doesn’t fundamentally change this relationship; it simply reaffirms it within the framework of the new Act. The emphasis remains on consistency and avoiding gaps in procedure.

Key Takeaways

• Section 170 bridges the gap between the Bhartiya Sakshya Bill and the Code of Criminal Procedure.
• CrPC procedures generally apply to evidence proceedings under the new Act.
• The Sakshya Bill’s specific provisions always override the CrPC.
• This section ensures a consistent approach to evidence handling across different types of cases.