Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 aligns with Section 1 of the previously repealed Indian Evidence Act, 1872.
Bharatiya Sakshya Adhiniyam, 2023-Section 1:

1. This legislation shall be referred to as the Bharatiya Sakshya Adhiniyam, 2023.
2. It is applicable to all judicial proceedings conducted in or before any Court, including Courts-martial; however, it does not apply to affidavits submitted to any Court or official, nor to proceedings taking place before an arbitrator.
3. This Act will take effect on a date specified by the Central Government through a notification in the Official Gazette.

Modifications in Bharatiya Sakshya Adhiniyam, 2023 vis-à-vis Section 1 of the Indian Evidence Act, 1872:
The Indian Evidence Act, 1872 explicitly stated that its provisions were applicable throughout India excluding the erstwhile state of Jammu and Kashmir. In contrast, the Bharatiya Sakshya Adhiniyam (BSA), 2023 does not include this territorial clause and omits the definition of "India" found in Section 3 of the Indian Evidence Act, 1872. This omission may be significant, as it suggests that the BSA's applicability across India could create uncertainties regarding the admissibility of evidence generated digitally outside the nation's borders. India referred to the region of India, excluding the State of Jammu and Kashmir, according to Section 3 of the Indian Evidence Act, 1872.

Moreover, the scope of the BSA, 2023 extends beyond the provisions of the Indian Evidence Act, 1872 by applying to Courts-martial established under the Army Act, the Naval Discipline Act, the Indian Navy (Discipline) Act, and the Air Force Act. This inclusion marks an important shift, as it recognizes the need for a comprehensive legislative framework that encompasses military judicial systems.

Historically, the Indian Evidence Act of 1872 applied to all of India, excluding Jammu and Kashmir, and governed all judicial proceedings in any court, which included courts-martial. However, it did not extend its applicability to the Courts-martial convened under the specific military legislation such as Army Act, the Naval Discipline Act, the Indian Navy (Discipline) Act, and the Air Force Act., which the BSA now seeks to address.