Section 33 of Evidence Act "Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated"
Evidence given by a witness in a judicial proceeding or
before any person authorized 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 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;
that the question 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.