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
Bharatiya Sakshya Adhiniyam
Section 27
Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein
⚡ Quick Answer Reference: Section 27 BSA
- Provision: Section 27 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section allows evidence from a previous court case to be used in a new case to prove the truth of certain facts. This can happen if the original witness is no longer available or cannot be found. The new case must be between the same parties or their representatives, and the original party had the chance to question the witness.
What does Section 27 of BSA say?
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What does Section 27 of BSA mean?
Plain English Explanation
This section allows evidence from a previous court case to be used in a new case to prove the truth of certain facts. This can happen if the original witness is no longer available or cannot be found. The new case must be between the same parties or their representatives, and the original party had the chance to question the witness.
Practical Interpretation
In practice, this section is used when a key witness in a previous case is no longer available to testify. The court can then use the previous testimony as evidence in the new case, as long as the parties and issues are the same.
Core Legal Purpose
The core purpose of this section is to ensure that justice is served even when key witnesses are no longer available. It allows the court to rely on previous testimony as evidence, as long as the conditions are met.
- •The witness must be dead, cannot be found, is incapable of giving evidence, or is kept out of the way by the adverse party.
- •The proceeding must be between the same parties or their representatives in interest.
- •The adverse party in the first proceeding must have had the right and opportunity to cross-examine the witness.
- •The questions in issue must be substantially the same in the first as in the second proceeding.
Practical Example of Section 27 BSA
Rajesh is on trial for theft. The key witness, Priya, testifies that she saw Rajesh taking the stolen goods. However, Priya is now living abroad and cannot be found. In a later trial, Rajesh is accused of similar theft. The court can use Priya's previous testimony as evidence, as long as the parties and issues are the same.
Frequently Asked Questions about Section 27 BSA
Q: What is the punishment or consequence under Section 27 of BSA?
There is no punishment or consequence under Section 27 of BSA. This section deals with the admissibility of evidence, not with criminal liability.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities. It is a general provision that applies to all judicial proceedings.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with criminal liability, so there is no offence under this section. It is a procedural provision that deals with the admissibility of evidence.
Common Questions about Section 27 BSA
What is Section 27 of BSA?
Section 27 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein". In plain terms: This section allows evidence from a previous court case to be used in a new case to prove the truth of certain facts. This can happen if the original witness is no longer available or cannot be found. The new case must be between the same parties or their representatives, and the original party had the chance to question the witness.
What are the elements of Section 27 of BSA?
The essential elements of Section 27 of BSA are: The witness must be dead, cannot be found, is incapable of giving evidence, or is kept out of the way by the adverse party.; The proceeding must be between the same parties or their representatives in interest.; The adverse party in the first proceeding must have had the right and opportunity to cross-examine the witness..
Landmark Judgments under Section 27 BSA
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 27
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