Which of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023 permits evidence recorded in…
Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 33 of the Indian Evidence Act, 1872) makes former testimony relevant in a later judicial proceeding or…
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Which of the following provisions of the Bharatiya Sakshya Adhiniyam, 2023 permits evidence recorded in one case to be considered relevant in a subsequent proceeding?
Answer and explanation
Correct answer D
Section 27 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 33 of the Indian Evidence Act, 1872) makes former testimony relevant in a later judicial proceeding or later stage when the witness is unavailable for one of the statutory reasons. It requires the same parties or representatives in interest, a prior right and opportunity to cross-examine, and substantially the same issues. It does not permit indiscriminate use of any earlier evidence. Sections 26, 31 and 32 govern different categories of statements and legal facts.
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