​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Relevancy of Certain Evidence for Proving, in a Subsequent Proceeding, the Truth of Facts Therein Stated (Section 27)
1. Basic Principle of Section 27
Under Section 27 of the Bharatiya Sakshya Adhiniyam, the law provides that:
Evidence given by a witness in a previous judicial proceeding is relevant in a subsequent proceeding (or later stage of the same proceeding) to prove the truth of the facts stated, if the witness is unavailable.

2. When Such Evidence Becomes Relevant
Previous testimony can be used when the witness:

• Is dead
• Cannot be found
• Is incapable of giving evidence
• Is kept out of the way by the adverse party
• Cannot be produced without unreasonable delay or expense

3. Conditions for Admissibility
All the following must be satisfied:

• ✔ Same Parties
  • Proceedings must be between:
    • Same parties, or
    • Their representatives
• ✔ Right to Cross-Examine
  • Adverse party must have had:
    • Right and opportunity to cross-examine
• ✔ Same Issues
  • Questions in issue must be:
    • Substantially the same

4. Explanation (Important Point)

• A criminal proceeding is deemed to be:
  • Between:
    • Prosecutor and accused

👉 This allows:

• Use of evidence from criminal case in civil proceedings
• Even if parties appear different on record

5. Scope of the Provision

• Exception to general rule:
  👉 Evidence must be direct and given in court
• Allows:
  • Use of previous deposition when witness unavailable

👉 Based on:

• Necessity and convenience

6. Evidentiary Value

• ✔ Previous deposition becomes:
  • Substantive evidence
• Can also be used:
  • As admission
  • For contradiction in later testimony

7. Illustration Explained

• Victim injured in accident
• Criminal case filed against driver
• Later victim files civil suit

👉 If witnesses from criminal case:

• Are now dead or unavailable

✔ Their earlier testimony:

• Can be used in civil case

👉 Explanation removes objection:

• That parties are different

8. Important Case Principle
​In Sukhpal Singh v NCT of Delhi:

• Witness statements recorded earlier:
  • Were admitted as substantive evidence
• When:
  • Witness could not be traced later

👉 Court held:

• Such evidence is admissible if:
  • Conditions are strictly satisfied

9. Key Legal Principle👉 Previous testimony is admissible as substantive evidence when the witness is unavailable, provided fairness is ensured through prior opportunity of cross-examination.

10. Key Takeaways

• Section 27 allows:
  • Use of previous evidence
• Conditions:
  • Witness unavailable
  • Same parties
  • Same issues
  • Right to cross-examine
• Nature:
  • ✔ Substantive evidence

One-Line Summary👉 Previous testimony of an unavailable witness is admissible as substantive evidence if the earlier proceeding involved the same parties, issues, and opportunity for cross-examination.