Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 33BSA 27

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

Canonical: https://www.vakilpedia.com/iea-33-to-bsa

What changed

  • No change except that word "that" is replaced by "and" in proviso.

Drafting-ready

Under Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 33 of the Indian Evidence Act, 1872)...

Bare act text — BSA 27

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 fact s 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 o f 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. 20 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

Frequently asked

What is IEA 33 equivalent in BSA?

IEA Section 33 (Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated) corresponds to Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 33 and BSA 27?

No change except that word "that" is replaced by "and" in proviso.

How do I cite BSA 27 in a pleading?

Under Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 33 of the Indian Evidence Act, 1872)...

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