Section 37 IEA: Relevancy of statement as to fact of public nature contained in certain Acts or notifications
Indian Evidence Act, 1872
Section 37 IEA at a Glance
Section 37 IEA deals with relevancy of statement as to fact of public nature contained in certain Acts or notifications. From 1 July 2024 it is replaced by Section 31 BSA.
Section 37 IEA Bare Act Text
37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom or in any Central Act, Provincial Act or a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty is a relevant fact.
Source: Section 37, Indian Evidence Act, 1872
Section 37 IEA in Simple Words
Section 37 of the Indian Evidence Act, 1872 applied when a court had to decide if a public fact existed. It made a statement of that fact in certain laws or official notifications a relevant fact (a fact a court can consider in evidence).
The statement had to appear in a recital (an introductory passage in a law or notice stating background facts). A recital in a Central Act, a Provincial Act, a State Act, or a United Kingdom Parliament Act qualified under Section 37 IEA.
Section 37 IEA also covered a recital in a Government notification or a Crown Representative notification. The notification had to appear in the Official Gazette (the official public journal for government notices). Alternatively, it could appear in a printed paper purporting (appearing on its face) to be the Gazette of London. A printed paper purporting to be a Government Gazette of a Dominion, colony, or royal possession also qualified.
When Section 37 IEA Applies
- A court needs to form an opinion on whether a public fact exists.
- A statement about that public fact is made in a recital inside a Central Act, a Provincial Act, a State Act, or a United Kingdom Parliament Act.
- Alternatively, the recital is inside a Government notification or a Crown Representative notification published in the Official Gazette.
- The notification may also appear in a printed paper that purports to be the Gazette of London or a Government Gazette of a Dominion, colony, or royal possession.
Example of Section 37 IEA
Section 37 IEA in the BSA
Section 37 IEA is now covered under Section 31 BSA.
Section 37 of the Indian Evidence Act, 1872 became Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Colonial sources were removed: Acts of the United Kingdom Parliament, the Crown Representative, the London Gazette and the Gazettes of any Dominion or colony. It now covers Central and State Acts and Government notifications in the Official Gazette, and adds printed paper "or in electronic or digital form".
View detailed comparison (IEA 37 vs BSA 31) →FAQs on Section 37 IEA
What is Section 37 IEA?▼
Section 37 of the Indian Evidence Act, 1872 makes a statement about a public fact a relevant fact when a court needs to form an opinion on whether that fact exists. The statement must be in a recital inside a covered Act or an official Government or Crown Representative notification published in a qualifying Gazette.
Does a statement in a private newspaper qualify under Section 37 IEA?▼
No. Section 37 IEA applies only to recitals in specified Acts or in notifications published in the Official Gazette or in a printed paper purporting to be the London Gazette or a Government Gazette of a Dominion, colony, or royal possession.
Must the statement in the Act or notification be inside a recital under Section 37 IEA?▼
Yes. Section 37 IEA covers a statement of a public fact when it is made in a recital contained in any of the listed Acts or official notifications.
What is Section 37 IEA in BSA?▼
Section 31 BSA replaced Section 37 IEA. Section 31 BSA removes colonial sources such as United Kingdom Parliament Acts, the Crown Representative, the London Gazette, and Dominion or colony Gazettes. It covers recitals in Central and State Acts and in Central or State Government notifications published in the respective Official Gazette, including in digital or electronic form.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·