​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Relevancy of Statements as to any Law Contained in Law Books including Electronic or Digital Form [Section 32 BSA / Section 38 IEA]
Introduction
​Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 38 of the Indian Evidence Act, 1872. Both provisions deal with the relevancy of statements relating to foreign law contained in officially recognized law books.
The section recognizes that courts may require assistance in understanding foreign laws and therefore permits reliance upon authoritative legal publications as relevant evidence. A significant modernization under the BSA is the express recognition of legal materials published in electronic or digital form.

Meaning of the Provision
Section 32 provides that when the Court has to form an opinion regarding the law of a foreign country, statements contained in books:

• Printed under the authority of the government of that country;
• Published under the authority of the government of that country;
• Available in physical, electronic, or digital form;

are relevant facts.
Such publications may be referred to by the Court for understanding and determining foreign law.

Purpose of the Provision
Foreign law is treated as a question of fact that must ordinarily be proved before an Indian court.
Since courts may not be familiar with the laws of other countries, Section 32 allows reliance upon authoritative legal publications as evidence of foreign law.
The provision seeks to:

• Facilitate proof of foreign law;
• Ensure authenticity of legal sources;
• Assist courts in international and cross-border disputes.

Recognition of Electronic and Digital Law Books
Major Change under the BSA
A significant innovation in Section 32 BSA is the express recognition of:

• Electronic law books,
• Digital publications,
• Online official legal materials.

The section acknowledges that legal information is increasingly published and accessed through digital platforms.

Position under the IEA
Section 38 of the Indian Evidence Act referred only to:

• Printed books containing foreign law.

It did not expressly mention:

• Electronic publications,
• Digital databases,
• Online legal resources.

This reflected the technological realities of the nineteenth century.

Requirement of Authenticity
Both Section 32 BSA and Section 38 IEA require that the law books must be:

• Printed or published under the authority of the foreign government concerned.

This requirement ensures:

• Reliability,
• Authenticity,
• Accuracy of the legal material.

The Court may therefore rely on such publications with confidence.

Importance in Modern Legal Practice
The provision is increasingly relevant because:

• International commerce has expanded.
• Cross-border disputes are common.
• Foreign contracts frequently come before Indian courts.
• International family law and succession disputes often involve foreign law.

Digital access to official foreign legal materials greatly assists courts in resolving such matters.

Technological Advancement under the BSA
Section 32 reflects modernization by recognizing:

• E-books,
• Digital legal databases,
• Online government publications,
• Electronic legal repositories.

This aligns the law of evidence with:

• Digital governance,
• Electronic publications,
• Contemporary legal research practices.

Difference between Section 32 BSA and Section 38 IEA
Section 32 BSA

• Includes physical as well as electronic and digital law books.
• Expressly recognizes digital legal publications.
• Adapted to technological advancements.
• Supports modern legal research methods.

Section 38 IEA

• Referred primarily to printed books.
• Did not expressly mention electronic or digital formats.
• Reflected traditional publication methods.

Illustration
Suppose an Indian court is required to determine the law relating to inheritance in France.
The Court may refer to:

• An official French law publication,
• An officially published digital legal database of the French Government,
• An electronic version of French legislation published under governmental authority.

Such material becomes a relevant fact under Section 32 BSA.

Important Points (Note Form)

• Section 32 BSA corresponds to Section 38 IEA.
• Deals with proof of foreign law.
• Statements contained in authorized law books are relevant.
• BSA expressly includes electronic and digital publications.
• Law books must be printed or published under authority of the foreign government.
• Reflects modernization and digitalization of legal resources.
• Facilitates proof of foreign law in Indian courts.
• Ensures authenticity and reliability of legal sources.

Conclusion
Section 32 of the Bharatiya Sakshya Adhiniyam, 2023 modernizes the law relating to proof of foreign law by expressly recognizing legal publications in electronic and digital form. While retaining the essential requirement that such materials must be published under the authority of the concerned foreign government, the BSA adapts the evidentiary framework to contemporary methods of legal publication and research. The provision reflects the growing importance of digital legal resources and ensures that courts can effectively deal with international and cross-border legal issues in the modern era.