i  t tim no gt cf l!17t f"  ~  ~ ttit in!>ian evidence (amendment) bill, 1979  a billfurher to amend the indian evidence act, 1872 be it enacted by parliament in the thirtlethyear of the r~public of india as fo11ows:-1 this act may be called the indlan evidence (amendment) ac~, 1979 short titj  am:md  ment 01 se:tioa 32 2 in section 32 of the indian evidence act, 1872 (here~nafter referred 5 to as the principal ac), in the opening po!'t!on, ahe the words "or who has become incapabl~ of g:ving cvidenc:", tue words "or who is kept out of: the way by the ajvese party" shall be inserted amendm~i1t 01 se,;tion 3a 3 in section 33 of the princ pal ac~, in th~ proviso, for the word ''proceejing', the words "ilst plo:;t;ejn3" sha}l be substtuted  i 10 4 in chapter ii of the princip::l act, und~r the helding "statements by persons who cannot be called as witnesses", aher sectlon ;,:!, the following section shall be insert2d, ramely:-·'33a where-(a) by or "under any law for the time be:ng in force, any is au~hor:ty is empowered to ho'd an inqu ry jnto any 'fteftion of flct and to take evidence on olth fur th~ purpo3es of such in· quiry, and ln~ertion ot new section· 33a evidence recorded in rela· lion to a pe,'sjn who,e eonduct is under inquiry or whole 'reputation i aiiec:ted (b) any person whose conduct such authori~y considers it necessary to inquire into or whose repuation is likely to be prejuiicially afi'ectej by the inquiryn has, by or under su::h law, a right to cross-exam:ne any witnes3 w~os~ evidence is taken in th~ course of such inquiry, s and (:i) has ha:l a re3sonlble op~or~unity of doing so, then, the evidence g:ven by such witne:;s in such inquiry (notwl~h­stan·:ling that such inquiry is no~ a j'u:iicial pro=e~ding of t:le nature referred to in se::tion 33) b relevant for the purpose of prov:ng, sub- 10 sequently in a judicial pt'oce~c\ing belween the person referred ~o in clause (b) an::l any other p~rson (including the government) who has, by or un:ier such law, a right of cross-exam'ning the witness and w:l0 has had re lsonable oppor, u:li ty of doing :;0, or the:r representatives in interest, the iruth of lhe facts whi::h it states, w:'len the witness is dead is or cannot be f';;,',md, or is incapable of g~ving ev:dence, or is kept out of the way by the a:iverse pary, or if his pre3ence cannot be obtaine:i without an am'junt of del::iy or expense whi~h ,unier the clrcumstanc:!s of th:? cls~, the c::jurf cot;dsrs u:1reasjnabb: provide1 that the questions :n issue were substantially the same zo in such :oquiry as in the jud cial p!'oc~eding," 5, in sect:o:1 34 of the princ·pll ac·, for t:'le words "such statements", the words "'::1ch en~ries" shall be -suhstituted amendment of section u 6 in section 35 of the pr:ncipli a ~t, for th~ p~rtion beginning wth the words "an:! made by a public servant" a'nd en::ling w:th the words "is i~e!f 2' a releva:1t f~t", the following shall be subsatuted namely:-am~nd­ment of eectio:l u "and mlde by-(a) a public servant in the discharg~ of h:s oftl:lal du~y, or , (b) any other per::on in p::!rforma:1ce of a duty spe::ially enjo:nej by the law of the country in wh:ch su~ bol1(, reajs~er, or 30 record is kept, is itsel! a relevant fac~" am~c1-ment of 7 in section 37 of the prin::ip:ll act, fol' t~1e portion beginning wl~h the words "any statement of g" an:l ending w:th th:! words "ls a relevant fact", ule following shall b2 subst:tuetd, nlmely:-3' tt~:tion 11 "any s~atement of it, mlde in a recital containe:i-(a) in any central act, prqvin::ial act or a sta£e act, or  (b) in a government not:fication appearing in the oftlcbl gazete, or (c) as resp:!cts the perio:! before th!:! 15th day 01 august, 40 1947-(i) in any act of parliament of the united kingdom, or (ii) in a government notificatio:1 appearing in any printed paper p-u-porting to ba the london gaza~te or t!le government gazette of any donutio::l, co!ony or possession of his mlje3ty, or ' (iii) in a notifica~ion by the crown represen~ative appearing in the ofiicill gazette, is a relavant fac~"  58 in se::tion 38 of th~ principal act, after the word:; cca law of any country"', the words "ether than l1dia" sh;:ll~ be ins~rted am'!ndment of section 38  statement of objects a!\'1) reasonsin its seventy-fourth report, the law commiss'o~ considered the question as to the circumst:mces under which statements made by wit  nuses before commissions of inquiry and other statutory bodies could be reniered a:im:ssible in evidence in subsequent judicial proceedings when the witnesses were not available th3 commission recommended amendment of the lndlan evidence a-:t to m'lke such shtements admis  sil:llc in certain limited circumstances stltements mlde before autha rities holding inquiries, even though they nre not judicial proceedings, w'juld be a:lmissible against a p~rson if the person whose conduct suchauthority was :nquiing in~o, 0" whose repubtio:} was likely to be pre-judicially affe~te:l by the inquiry, hld a legal right to cross-examine the witnesses ,,,h  se evidence was bken in the course of such inquiry and ha1 a reasonable opportunity to do so in such circumstan~es, where the witness who d3posej bef::>re th~ aut:hority ho~,ding the inquiry is de3d, or his testimony cannl)t otherwise be secure'i, then the evidence given in such inquiry is relevant in a subsequent judicial proceeding if the questions in issue are substantially the same in the inquiry and the second proceeding 2 the bil1 se!!ks to give effect to this recommendation by lniertid, - new section 33a in the indian evidence act 3 in its sixty-ninth rep:')t't on the indian evidence act, the law com mission had mlde various recommen:lations some of the amendments, especially thosa rela:ing to sections 32 33, 34, 35 37 and 38 are relafvely m,nor and c!ariftcatory in nature they are also non·controversia1 it is proposed to give effect to these recommend:jtions which also deal with statements by p~rsons who clnnot be called as witnesses, and statements made under spe~ial circumstances 4 the bill seeks to achieve the above objects  " ) n!'w d!!lm; the 22ncl apru~ 1~  to the indian evidence (amend:lent) bill, 1979 (to be/as introduced in 10k sabha)1 page 1, against line 4, insert the marginal ci tation ,-"1 of 1872" 2 page 2, line 35,-ill "substituetd" read "substituted" 3 page 4, line 11,-for "inquiing" read "inquiring" 4 page 5, line 2,-for "ac9" ~ ad "act" , -' "  new delhi; m~ 3 1979 v-alsakha 13, 1901 (sakal  exdacts from 'ihe indian evmence act, 1872(1 of 1872) - - - - - part i  relevancy of facts                  cll\pter i-preliminary -               -                               -                                              -                                                              -  chapter n-of the relevancy of facts •• - • - • statements by persons who cannot be called as witnessesca,es in wjlich :tatement of relevant 32 stl4ements, writte:1 or verbal, of relevant h~:s moie by a person who is dead, or who cannot b::! f::lund, or w:l0 has becbme incap3ble -of giving evidence, or whose attendance cannot be procurej without an amount of delay or expense whi::h under the c;rcumstancc, of t:le ca:x~ app~!\rs to the court unreasonable, are themselves relevant facts in the follow:ng cuea:--fa~t by person who is deaj or cannot be found, etc, is relevant when it relates to cause of death; (1) when the stli~ement is made by a p~rs-on as to the clu<;e of his death, or as to any of the circumsta!1ces of the translction which resulted in his death, in cases in which the cause of mat person's deat~ comes into question i such s~atements are relevant whether the person who made tbem was or was not, at the time when they were made, under expec~ation of death, and whatever may be the nature of t!le procee:ting in which the cause of his dea~h comes into question or is made in course of business; (2) when the statement was made by such person in the ordinary eourse of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordin:lry co'lfse of business, or in the djscharg~ of professional duty; or at an acknowledgment writ~en or signed by h:m of the re::eipt of money, goods, se::uri~ies or property of any k:nd; or of a documen~ used in commerce written or signed by him; or of the date of a letter or other document uiually dated, written or signed by him orag'llnat jnterf!  t ot~er; (3) when the statemen~ is against the pecuniary 01' propcletary interest of the person making it, or wh~n, if true, it would expose him or would have exposed him to a criminal prosecution or to a liuit for 4amaps (4) when the statement gives the opinion of any su:h person, as to the ex:stenc~ of a:ly public right or custom or mltter of public or general in'erest, of he existe:lce of wh'ch, if i~ existej, ha wouu have be::!n likely to be aware" and when su:h stat~ment was made before any controversy as to such rlg:lt, custom or matt~r had ari£en or gives opi-lion 8;; t:> plbj:: riglt or cjst:>m, 0: mat· terl of general int~re:>t; or relates to existence ot relation· ship; (5) when the sta ',ement rela:es to the existence of any relationsh:p by blooj, marriag~ or aioption between p~rsons as to whoje relat:onsh'p by blooj, mlrriage or a:ioption th~ person making ~he sta~e· me;}t ha:i spe~ill mell1s of knowle:ig~, and w:le::l tbe staement was made bef,ore he queslon in dispute wa3 raise:! or is maj,! in will or deed re'ating b family afljir3; (6) when the statement ·relates to the existenee of any rela~ion· ship by blood, marrhge or adclption between persons de:easep and is ma:le in any will or dec:l relawing to the affa:rs of the flmjy to which any such d~ceased person belonged, or in any family pe:}ig:,e~, or ~p~n any tomb-stone, family portrait or other t:1ing on which such stllements are usu:t1ly mlde, ani whe:l su:h sta~e:nent wa3 made b~f:>re the que3tio:l in dispu,e wa3 ra:sed (7) when 'h~ :;ta',ement is conta:ne::l in any de~d will or other i , documeit w~lich relate3 to any su::h tra:lsa::tion as is mantiouaj in se:tion 13, clau3e (a) or i:l dvument ledl,lg t) tran sac~'j1 mmtlon· cd in i~'::hon 13, :ulue (a); or is male by (s') when the s'3tc-n~nt wls m'lie by a numb~r of p!rsons, and exp:oe-sei fe2lingj or impressions o;} the:r pl:t rel:!vajlt ~o t~e ma~ter in questio~ " l j  , r s;v~r31 pers-l113 an:! ex presses fe~ling31 relevant to matt~r i" que~­lion - - - - - neleva1cy of certam evidan::e to: pro  -inj ill sub  e-33 evidence given by a waness in a ju:ii:::al pro::eeding, or b~fore any persan authorized by law to take it, is relevlnt f'jr the pu:pos:! of proving, in a subsequent judicial p:ocee:ling, or in a laer stage of th~ same judcial procee:ling, the truth of the fact::; which i state>, wh:m the wltnc3s is dead or cannot be found, or is incjpable of gving evldence, or is kept (/1t of the way by the a:lverse pary or if his prese-,lce cannot be o~tained with· out an amount of delay or ~xpense which, und~r he circumstances of the case, the court considers unreasonable: prov:dedthlt the procee:ling was between the :;amc part:e3 or their repreq~ent poceeding, the t:uth ol fa:ts therein stat:i san~ative3 in interes l ; thl the alverse party in the first proceeiin,1 hold tha rig:lt an:! opportunity to cro~s·examin~i that lhe qucst:ons in issue were sub:tanjally the sa"llt= in the first as in the se::on1 pro:eeding explanation-a criminal trial or inquiry s:la11 be deemej :0 b~ a proceeding between the p~·ose(':1tor a:ld the accusej wthn tle melilng ot this sec ion  statements made under epecial circumstances34 e  ,tries in books of a::cc:jnt, regularly kept in ~he course of bu3:nes3, are relevant wheu2ver they reh, to a mlttec iut:) ~'/~lich' the cour~ h:u to entrie:; in lijjk; "t account wl-:'jn re!;:vant inqu~re, but su;:h staem:!nts sholl! not alo1e be suffi;:~en~ evije~l~j to clurge any person with liability illustration - - - - - 35 an entry in any public or o~her offichl book, r::!gister or re~ord, ,ta'ing a fact in issu~ or relevant fact, and male by a publc serva:l in the releva • ;y 01 cu •• ; 111 p  uj''; u~~ud mae in p  ,!  d~sc:large of hi: otn:ial duty, or by a'ay other pers')ll in pjriormancj of a duty specially enjoinej by the law of the country in which su::h bojk, regster or record is kept, is itself a relevan~ f1ct - - - - - nun~e of dlt/ relevane; of sta~emelt a  to lat of pubic nature co1lained in cetail 37 when the court has to form an opinion as to th~ existen~e of any fact of a public nature, any statement of i, made in a recital contaned in any act of parliament of the uni~ed kingjom or in any central a::t, provincial act or a stae act or in a government notification or notification by the crown repre3entat~ve appea:ing in t:1e ohbal glze'te or in any prmte:i plper }j'1rporting 0 be the lonjon gazette or the governmmt gizette of any l)omllloll, colony or p03sess~on of hls majesty is a r~levan~ fact a(!ls or notifi:atiool reieva"lcy of statement:; 8s to any law co;1-tained in 3s when t:-te court has to form an opinion as to a bw of any country, any stat:lment of such llw contaned in a book purp0l,'inj to be printed or publshed under the authority of he govern~ne'~lt of suel coun'ry and to contain any ~uch law, and any report of a ruling of the courts of ~·tch country coltaijlej ill a book purporing to be a report of such rulings, is relevaut law-b~,)ks - •• - - - - a  dillfurther to amend the indian evidence act, 18'72 (shri shanti bhushan, minister of law, justice and comptrmy affair • ) 