Section 38 of the Indian Evidence Act and Section 32 of the Bharatiya Sakshya Adhiniyam
Relevancy of statements about the law of a country contained in authorised law books, published court rulings, and their electronic or digital versions.
Section 38, Indian Evidence Act, 1872: Original provision
Heading: 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.
This historical provision permitted courts to consider official publications of legislation and published reports of judicial rulings when determining the law of a country. It established relevance; it did not make every statement in a law book conclusive proof of the law.
Section 32, Bharatiya Sakshya Adhiniyam, 2023: Current provision
Heading: 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.
Section 32 expressly recognises law books and reports of court rulings in electronic or digital form. The court must still assess the source, authenticity, applicability and legal force of the material presented.
Meaning and essential requirements
1. The court must determine the law of a country
The provision operates where a court must form an opinion about the law applicable in a country. This can arise particularly where the content of foreign law is in issue.
2. Government-authorised publications are relevant
A statement of law in a book purporting to be published under the authority of that country's government may be considered relevant. The source and its claimed official authority matter.
3. Reports of judicial rulings are relevant
Reports purporting to contain rulings of courts of that country may also be relevant. Their precedential value is a separate question governed by the applicable legal system.
4. Electronic and digital publications are covered
Under BSA Section 32, qualifying digital law books and electronic law reports are expressly included. A mere internet post or unofficial summary is not automatically an authorised legal publication.
Practical illustration
Suppose an Indian court must determine the law of another country in a contractual dispute. A party produces that country's government-published legislation or an identifiable report of a decision from its courts. Section 32 permits the court to consider the qualifying statement or ruling as relevant material, subject to applicable rules of proof and evaluation.
Old and current provisions
| Point | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Provision | Section 38 | Section 32 |
| Subject | Law books and reports of court rulings | Law books and court rulings, including electronic or digital form |
| Status | Repealed, subject to savings | In force from 1 July 2024 |
| Legal effect | Relevant material | Relevant material |
Related legal provisions
BSA Section 39(1) concerns expert opinions, including opinions on foreign law. BSA Section 33 addresses how much of a statement should be proved when it forms part of a larger document or record. BSA Section 170 deals with repeal and savings. These provisions may need to be read together depending on the facts.
Official legislation and references
- India Code: Bharatiya Sakshya Adhiniyam, 2023 (official Act PDF)
- National Crime Records Bureau: BSA section index
- India Code: Central legislation and amendments
Legal information is provided for general reference. Check the latest official legislation, commencement notifications and applicable judicial decisions for a particular case.