Bharatiya Sakshya Adhiniyam, 2023
BSA Section 27
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
In one line
BSA Section 27 deals with relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated and replaces Evidence Act 33.
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 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.
What changed from the Evidence Act
- Evidence Act 33 → BSA 27: No change except that word "that" is replaced by "and" in proviso.
Frequently asked
What was BSA Section 27 in the Evidence Act?
BSA Section 27 (Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated) replaces Section 33 of the Indian Evidence Act, 1872. Evidence Act 33 is now BSA 27.
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Nearby BSA sections
- BSA 22 — Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- BSA 23 — Confession to police officer
- BSA 24 — Consideration of proved confession affecting person making it and others jointly under trial for same offence
- BSA 25 — Admissions not conclusive proof, but may estop
- BSA 26 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- BSA 28 — Entries in books of account when relevant
- BSA 29 — Relevancy of entry in public record or an electronic record made in performance of duty
- BSA 30 — Relevancy of statements in maps, charts and plans
- BSA 31 — Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- BSA 32 — Relevancy of statements as to any law contained in law books including electronic or digital form