Section 32 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in English:
📘 Section 32 – Relevancy of Statements Regarding Foreign Laws
Section 32 addresses the admissibility of statements concerning the laws of other countries. Specifically, it allows the court to consider certain documents as relevant when forming an opinion about the law of a foreign country.
Key Provisions:
Statements of Foreign Law:
Any statement of the law of a foreign country is relevant if it is contained in a book that:
Purports to be printed or published under the authority of the government of that country, and
Purports to contain the law of that country.
Reports of Foreign Court Rulings:
Any report of a ruling by the courts of a foreign country is relevant if it is contained in a book that:
Purports to be printed or published under the authority of the government of that country, and
Purports to be a report of such rulings.
Formats:
The documents can be in physical form (printed books) or in electronic or digital form.
🧭 Purpose and Application
Establishing Foreign Law: This section is particularly useful when a court needs to ascertain the law of a foreign country in cases involving international elements, such as cross-border contracts, foreign judgments, or international treaties.
Admissibility of Documents: It provides a framework for admitting foreign legal documents and reports as evidence, facilitating the court's understanding of foreign laws without requiring live testimony from foreign legal experts.
🔍 Example Scenario
Imagine a case where an Indian company is involved in a contractual dispute with a company based in Germany. The contract specifies that German law governs any disputes. If the Indian court needs to determine the applicable German law, it can refer to:
A book published under the authority of the German government containing German laws, or
A report of a ruling by a German court, published under the authority of the German government.
These documents would be considered relevant and admissible under Section 32, aiding the court in understanding and applying German law to the case.
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