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Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 38 in the BSA

Evidence Act 38BSA 32

Evidence Act section 38, “Relevancy of statements as to any law contained in law-books”, is now BSA section 32 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 38 to BSA 32

Now BSA section 32, which covers law books “including in electronic or digital form”.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 38 Relevancy of statements as to any law contained in law-books

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 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 purporting to be a report of such rulings, is relevant.

Bharatiya Sakshya Adhiniyam, 2023

Section 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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).

Sources

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