BSA Section 27 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

Summary

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.

The provision applies only if the earlier proceeding was between the same parties or their representatives in interest, and 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.

The explanation clarifies that a criminal trial or inquiry is treated as a proceeding between the prosecutor and the accused for the purposes of this section.

Official Text

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.

Referred to by

• BNSS §323 — Return of commission

Related Judgments

• VINUBHAI RANCHHODBHAI PATEL vs RAJIVBHAI DUDABHAI PATEL & OTHERS — Supreme Court of India (2018)
• TOFAN SINGH vs STATE OF TAMIL NADU — Supreme Court of India (2020)
• CHANDRAKANT JHA vs STATE (GOVT. OF NCT) OF DELHI — Delhi High Court (2016)

Old <-> New Code Mapping

• IEA §33 — Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated