Section 103 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 103 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the relationship between the provisions of the Act and the Indian Succession Act, 1925, concerning the construction of wills.
📄 Text of Section 103
"Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 (39 of 1925) as to the construction of wills."(lextechsuite.com)
🧾 Explanation
Section 103 clarifies that the provisions related to the construction of wills under the Indian Succession Act, 1925, remain unaffected by the Bharatiya Sakshya Adhiniyam, 2023. This means that the rules and principles governing the interpretation and validity of wills, as established under the Indian Succession Act, continue to apply without modification by the new Evidence Act.
⚖️ Legal Implications
Preservation of Existing Law: Section 103 ensures that the established legal framework for the construction of wills under the Indian Succession Act is preserved and remains unchanged.
Consistency in Legal Interpretation: By maintaining the applicability of the Indian Succession Act's provisions, this section ensures consistency in the interpretation and enforcement of wills across legal proceedings.(aaptaxlaw.com)
Clarification of Scope: The section delineates the scope of the Bharatiya Sakshya Adhiniyam, 2023, specifying that it does not alter the provisions related to wills under the Indian Succession Act.
🧭 Summary
Section 103 of the Bharatiya Sakshya Adhiniyam, 2023, serves to clarify that the provisions of the Indian Succession Act, 1925, concerning the construction of wills, remain unaffected by the new Evidence Act. This ensures that the established legal principles governing wills continue to apply, maintaining consistency and clarity in legal interpretations related to testamentary documents.
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