Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Statements by persons who cannot be called as witnesses
Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
In plain words
Evidence a witness gave in an earlier judicial proceeding is relevant in a later proceeding, or later stage of the same one, to prove the facts it states, if the witness is dead, cannot be found, cannot testify, is kept away by the other side, or cannot be brought without unreasonable delay or expense.
- The earlier proceeding must have been between the same parties or their representatives, the other side must have had the right and chance to cross-examine, and the issues must be substantially the same.
- A criminal trial counts as a proceeding between the prosecutor and the accused.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Evidence given by a witness in a judicial proceeding, or before any person authorised 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 an 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 and the questions 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 27
No Supreme Court judgment in our database cites this section yet.