Section 32 BSA: Relevancy of statements as to any law contained in law books including electronic or digital form

Bharatiya Sakshya Adhiniyam, 2023

Section 32 BSA at a Glance

Section 32 BSA deals with relevancy of statements as to any law contained in law books including electronic or digital form. It replaced Section 38 IEA on 1 July 2024.

Was IEA

Section 38 →

Section 32 BSA Bare Act Text

32. Relevancy of statements as to any law contained in law books including electronic or digital form

When the Court has to form an opinion as to a law of any country, any statement of such law contained in a book purporting to be printed or published including in electronic or digital form under the authority of the Government of such country and to contain any such law, and any report of a ruling of the Courts of such country contained in a book including in electronic or digital form purporting to be a report of such rulings, is relevant.

Source: Section 32, Bharatiya Sakshya Adhiniyam, 2023

Section 32 BSA in Simple Words

Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 applies when a court needs to form an opinion about the law of any country. It makes statements of that law and reports of court decisions found in qualifying law books relevant (able to be considered by the court).

A statement of the law of a country is relevant under Section 32 BSA when found in an official law book. The book must purport (appear on its face) to contain that law and to be published or printed, including in a digital or electronic format, with the authority of that Government.

Section 32 BSA also covers a report of a ruling (a legal decision) by the courts of that country. The decision is relevant when found in a book, including in a digital or electronic format, that purports to report rulings from those courts.

When Section 32 BSA Applies

  • A court needs to form an opinion about a law of any country.
  • A statement of that law appears in a book that purports to contain the law and to be published or printed, including in a digital or electronic format, with the authority of that Government.
  • Alternatively, a report of a ruling by the courts of that country appears in a book, including in a digital or electronic format, that purports to report rulings of those courts.

Example of Section 32 BSA

In August 2024, a court in Bhopal needs to form an opinion on the commercial law of Japan in a supply dispute involving Priya. Priya submits a book in a digital format that purports to be published with the official authority of the Japan Government and to contain that commercial law, along with an electronic book that purports to report rulings of the courts of Japan. Under Section 32 BSA, both the statement of law in the book published under government authority and the report of the court ruling are relevant for the court in Bhopal to form an opinion on the commercial law of Japan.

Section 32 BSA in the IEA (Previous Law)

Section 32 BSA replaces Section 38 IEA from the old criminal code.

Section 38 of the Indian Evidence Act, 1872 became Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Law books now count "including in electronic or digital form", in the heading and the text.

FAQs on Section 32 BSA

What is Section 32 BSA?▼

Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 applies when a court needs to form an opinion about the law of any country. It makes a statement of that law inside a book that purports to carry it with government authority, and a court ruling report in a book that purports to report such rulings, including in digital or electronic form, relevant.

Are electronic law books and digital law reports covered by Section 32 BSA?▼

Yes. Section 32 BSA covers both books published under government authority containing statements of law and books containing reports of court rulings when published in digital or electronic form.

Must a book of court rulings be published under government authority under Section 32 BSA?▼

No. Under Section 32 BSA, government authority is required for a book purporting to contain a statement of a law of a country, whereas a book of court rulings only needs to purport to report rulings of the courts of that country.

What is Section 32 BSA in IEA?▼

Section 32 BSA corresponds to Section 38 IEA. Section 32 BSA keeps the same rule for statements of law and reports of court rulings in law books, and adds books in digital or electronic form.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·