Bharatiya Sakshya Adhiniyam, 2023
Section 32
Relevancy of statements as to any law contained in law books including electronic or digital
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. How much of a statement is to be proved
Why this exists
Indian courts sometimes must apply or understand foreign law—for example, in cases involving international contracts, marriages, or inheritance. Proving foreign law through live foreign witnesses or lawyers is expensive and slow. This rule, carried forward from Section 38 of the Indian Evidence Act, 1872, allows courts to shortcut this process by accepting official or authoritative published statements of that law as relevant evidence, while updating the language to expressly cover electronic and digital publications reflecting how legal materials are now stored and accessed.
Common misconceptions
- Myth: Only printed books can be used as proof of foreign law.
Fact: The provision explicitly includes electronic or digital publications, not just paper books. - Myth: Any random foreign law website can be used as evidence.
Fact: The book or digital source must purport to be published under the authority of that country's government, or be a genuine report of that country's court rulings.