Code
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
Explanation
Section 32 of the Bharatiya Sakshya Adhiniyam (BSA) clarifies how Indian courts can determine and admit the laws and judicial rulings of foreign countries when relevant to a case. Specifically, the law recognizes the relevancy of:
- Books (printed or digital) published under the authority of a foreign government that contain laws of that country.
- Law reports (again, printed or digital) that publish court rulings of foreign jurisdictions.
Such sources are admissible as relevant facts when the court has to form an opinion on foreign law.
This section ensures that Indian courts are not limited to calling expert witnesses on foreign law and can rely on published sources for quicker reference and analysis.
Illustration
Example 1:
In a contract dispute involving Indian and German parties, a clause refers to the applicability of German commercial law. To interpret the clause, the court refers to an official German legal code published by the German government — this is admissible under Section 32.
Example 2:
A party cites a decision of the United Kingdom Supreme Court, published in an official online law report. That published judgment can be submitted and relied upon in Indian court proceedings.
Common Questions and Answers
1. Does this apply only to printed books?
No. Section 32 explicitly allows electronic and digital formats too, as long as they purport to be official publications or authoritative law reports.
2. Can unofficial legal blogs or commentaries be used under this section?
Not under Section 32. Only those books or reports that are:
- Printed or published under the authority of the foreign government, or
- Recognized official reports of rulings, are admissible.
3. Why is this section important in practice?
In an increasingly global legal environment, disputes often involve foreign elements — contracts, marriages, corporations, etc. This section facilitates smooth functioning of such cases by allowing legal publications to be submitted as evidence of foreign law.
4. What kind of foreign cases can this apply to?
Section 32 can be used in civil and commercial disputes, family law (such as foreign divorces), succession matters, international arbitration, and more — wherever foreign law is material to the case.
5. Is expert testimony still needed if books are available?
Not necessarily. Section 32 allows the use of reliable publications to bypass the need for oral expert testimony in many situations. But if interpretation or controversy exists, courts may still seek expert opinion.
Conclusion
Section 32 BSA ensures that the Indian judiciary can take judicial notice of foreign law through officially recognized publications and case law reports, both in print and digital formats. It supports the courts in maintaining accuracy and efficiency in cross-border legal matters.
