Section 32 BSA 2023: Relevancy of Statements as to Law in Law Books, Electronic or Digital Form
Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the relevancy of statements about the law of any country when a Court has to form an opinion on that law. The provision expressly recognises authorised law books and reports of court rulings, including material published in electronic or digital form.
Text of Section 32 of the Bharatiya Sakshya Adhiniyam, 2023
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.
What Section 32 means
Section 32 is a rule of relevancy. It allows a Court, when determining the law of a country, to treat certain recognised legal publications and reports of judicial rulings as relevant material. The section specifically extends this treatment to qualifying electronic and digital publications.
- The Court must be required to form an opinion about the law of a country.
- A statement of that law may be relevant when it appears in a law book purporting to be printed or published under the authority of that country's Government.
- The recognised publication may be in physical, electronic or digital form.
- A report of a ruling of the Courts of that country may also be relevant if it appears in a book or electronic or digital publication purporting to report such rulings.
Why electronic and digital legal sources are expressly mentioned
The wording of Section 32 expressly includes electronic and digital form. This makes the provision suitable for modern legal research, where official legislation, authorised publications and law reports are frequently accessed online rather than only through printed volumes.
Commencement of the Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It was enacted on 25 December 2023 and came into force on 1 July 2024 pursuant to the Central Government notification issued under Section 1(3).
Official legal sources
Related provisions
Section 32 appears after Section 31, concerning statements as to facts of a public nature contained in certain Acts or notifications, and before Section 33, concerning how much of a statement forming part of a longer conversation, document, electronic record, book, letters or papers is to be proved.