Bharatiya Sakshya Adhiniyam, 2023 · Section 27

BSA 27: earlier IEA 33

Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 33 of the Indian Evidence Act, 1872. BSA 27 deals with relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 27 was IEA 33.

Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.

Carried over
95% of the old wording kept
Old · IEA 1872 · Ch. II
s. 33
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Provided— that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding.
Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Statements made under special circumstances
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 27
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated.
Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable:
Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding.
Explanation.--A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section.
Text from India Code

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