LawFinder detail

Section 33 - Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

Review the source section and mapped section together, capture notes, and move between related laws, charts, and activity tools without leaving the comparison flow.

Select a section to open the side-by-side comparison.

Indian Evidence Act, 1872 Section 33The Bharatiya Sakshya Adhiniyam, 2023 Section 27

Indian Evidence Act, 1872

Section 33

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

Open law page
Indian Evidence Act, 1872

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 authorized 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 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 question 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.

STATEMENT MADE UNDER SPECIAL CIRCUMSTANCES.

0views

Section notes

Loading...

The Bharatiya Sakshya Adhiniyam, 2023

Section 27

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

Open law page
The Bharatiya Sakshya Adhiniyam, 2023

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. Statements made under special circumstances

0views

Section notes

Loading...

Mapping note

Editor note for this section pair

Open in chart view

No editorial note has been attached to this mapping yet.