Bare ActsThe INDIAN EVIDENCE ACT 1872

Section 33

Evidence given by a witness in a judicial Re]e~ancJ: of proceeding, or before any person authorized by law Cd el'tam fie

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Evidence given by a witness in a judicial Re]e~ancJ: of proceeding, or before any person authorized by law Cd el'tam fie,YI- k . . 1 t .c tl f " , ence 01 to ta e It, IS re evan lor 1e purpose 0 prOYIng, III proying,in a subsequent judicial proceeding, or in a latel~; stage subsequ.p.nt h . d ' . 1 d ,. th 1 .' '-' proceeding'. of t e same Ju ICla procee lng, e trutl of the thetruthof . facts which it states, when the witness is dead'"or factstherein cannot be found,. or is incapable of giving evidence; stated. or is kept out of the ,vay by the adverse party, or if his presence cannot be obtained without an anloun t 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 !~presentat.ives in interest; ,t.hat the adverse party in the first proceeding had the right and opportunity to cross~exan'iine; that the questions in issue were su11stnntial1y' the same in the first as in the second proceeding. Explanation.~A" crimjnal trial or inquiry shall . be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. " \ STATEMENTS M.o\.DEUNDER SPECIAL CIRCUMSTANCES. r '- 34, Entries in books of account, regularly i{ept Entriesjn in the course of business, are relevant whenever they books of RC- f! t tt . t 1 , h " tl C t h t ' . count when re1er 0 a ma er III 0 W 110 1e our as 0 InqUll'C, relemnt. . but such statements shall not. alone be sufficient evidence to charge any person with liability. . . Ittustmtio1t. . A sues 13for Rs, 1)000, and shows entl:ies in his account-hooks showing B to be indebted to him to this amount, The entries are relevant) but are not sufficient) without othcrcviderice, to prove. the debt, / '-""

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