IQBAL

NEW DELHI :- 33. 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 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;

that 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.

Statements Made Under Special Circumstances

[34.Entries in books of accounts including those maintained in an electronic form], when relevant. -[Entries in books of accounts, including those maintained in an electronic form], regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.

Illustration

A sues B for Rs. 1,000 and shows entries in his account-books showing B to be indebted to him to this amount.
The entries are relevant but are not sufficient, without other evidence, to prove the debt.

35. Relevancy of entry in public [record of an electronic record], made in performance of duty. – An entry in any public or other official book, register or [record or an electronic record], stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register  is kept, is itself a relevant fact.

36. Relevancy of statements in maps, charts and plans. – Statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or plans made under the authority of [the Central Government or any State Government], as to matters usually represented or stated in such maps, charts or plans are themselves relevant facts.

37. Relevancy of statement as to fact of public nature, contained in certain Acts or notifications. – When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament [of the United Kingdom or in any [Central Act, Provincial Act, or [a State Act] or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty, is a relevant fact].]

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