§ SECTION 32 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Relevancy of statements as to any law contained in law books, including electronic or digital form

When the Court must decide the law of another country, that country’s official law books and its court law reports — print or electronic/digital — are relevant on what its law is.

How to read Section 32

Foreign law, proved by official books.

The trigger

The Court must form an opinion on a law of any country — foreign law, which is a question of fact here.

The sources

An official law book published under that Government, and a report of its court rulings — including electronic/digital form.

The result

Those books are relevant on what the foreign law is.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 32 · verbatim

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.

In short: the law of a foreign country is, for an Indian court, a question of fact — and the cleanest proof of it is that country’s own official statute books and law reports, now including their electronic versions. The judge does not take foreign law for granted the way it takes Indian law.

→ This carries forward IEA 1872 § 38 — updated to admit electronic or digital law books and reports.

Glossary

a law of any country

Foreign law — treated in an Indian court as a question of fact to be proved, not judicially noticed.

under the authority of the Government

Published officially by or under that country’s Government — the mark of reliability.

report of a ruling

A law report — the published record of a court’s decisions in that country.

purporting to be

Appearing on its face to be the official law book or law report — the section works on that appearance.

electronic or digital form

The 2023 update — an online statute database or e-law-report counts equally with print.

is relevant

The book is admissible on what the foreign law is — a foreign-law expert may add to it, but the books stand.

The picture

A foreign law in question → official books → relevant.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleThe two proofs

the ruleProving the law of another country

In one lineWhen the Court must decide a law of another country, that country’s official law book and its court law reports (print or electronic) are relevant on what its law is.

When the Court has to form an opinion as to a law of any country,the trigger · a foreign lawwhen the Court must decide what the law of some country is…

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 countrysource 1 · official law book (print/electronic)…a statement of that law in a book published under that Government’s authority (print or digital)…

and to contain any such law,purporting to contain the law…a book purporting to contain that very 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,source 2 · a law report…and any report of that country’s court rulings in a book (print or electronic) purporting to be such a report…

is relevant.→ relevant…is relevant on what the foreign law is.

ExampleIn an Indian suit turning on a contract governed by English law, English law can be shown by an official English statute book (print or digital) and by law reports of English court rulings — those books are relevant on what English law is.

✗ Not thisThis is for the law of another country. Indian law the Court knows and applies itself — it is not “proved” by books under this section. And the book must be an official law book or a law report — a private textbook or commentary is not this section.

the two proofsStatute-book and law reports

In one lineA foreign law is proved by that country’s official law books and its court’s law reports — print or electronic.

a book purporting to contain the law, published under the Government of that countrysource 1 · official law booka book published under that Government’s authority, purporting to contain its law — print or digital.

a book purporting to be a report of the rulings of that country’s Courtssource 2 · law reportor a book purporting to be a report of that country’s court rulings — print or digital.

ExampleTo show the law of Singapore on a point, an official Singapore statute (print or e-copy) and the Singapore Law Reports are both relevant. A foreign-law expert may also be called, but the books themselves are relevant.

✗ Not thisIt is about foreign law. The judge takes Indian law as known — it is not proved by books here. And a blog or private treatise on the foreign law is not a substitute for the official book or the law report.

Connected provisions

§ 31

IEA 1872, § 38

Carried forward — now expressly admitting electronic/digital law books and reports.

Bharatiya Sakshya Adhiniyam, 2023 — Section 32: Statements as to any law in law books, incl. electronic form