IEA 33→BSA 27

IEA 33 to BSA 27: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

Section 33 IEA (1872) replaced by Section 27 BSA (2023)

View IEA Section 33 →View BSA Section 27 →

IEA 33 to BSA 27 at a Glance

Section 33 IEA (Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated) is now Section 27 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 33 to BSA 27?

Section 33 of the Indian Evidence Act, 1872 became Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit in the text, and the heading drops "the".

IEA 33 vs BSA 27: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section3327
HeadingRelevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein statedRelevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated

IEA 33 and BSA 27: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 33, IEA 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 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.
BSA 2023 (in force)

Section 27, BSA 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.

When It Applies: IEA 33 vs BSA 27

Under IEA 33
  1. A witness gave testimony in an earlier judicial proceeding, or before someone whom the law authorises to record evidence.
  2. A party seeks to prove the truth of the stated facts in a later judicial proceeding, or at a later stage of that same proceeding.
  3. The witness has died, cannot be located, is incapable of testifying, or is kept away by the opposing party.
  4. Or the witness cannot be brought to court without delay or expense that the court considers unreasonable in the case.
  5. In a criminal inquiry or trial, the proceeding is treated as being between the prosecution and the accused person.
Under BSA 27
  1. A witness gave testimony in an earlier judicial proceeding, or before someone whom the law authorises to record evidence.
  2. A party seeks to prove the truth of the stated facts in a later judicial proceeding, or at a later stage of that same proceeding.
  3. The witness has died, cannot be located, is incapable of testifying, or is kept away by the opposing party.
  4. Or the witness cannot be brought to court without delay or expense that the court considers unreasonable in the case.
  5. In a criminal inquiry or trial, the proceeding is treated as being between the prosecution and the accused person.

What IEA 33 to BSA 27 Means in Practice

The same rule applies without any substantive change, and a person in court should cite Section 27 BSA for matters governed by the Adhiniyam. In the proviso, the word that before the final clause was replaced with the word and, and the word the was dropped from the heading.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·