Foreign References in the Indian Evidence Act: Section 86 and 82

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    • #593
      Kaushik Das

      Ques: Why were these considered relevant in Indian courts?

      On Section 86:
      Often it is requisite to scrutinize documents of other legal jurisdictions including the ambits of their law when a court is conducting a trial. This can be the case on various issues, including cases relating to foreign corporate entities, foreign investments in India, Non-Resident Indians amongst a host of other problems. These foreign legislative documents thus become relevant for scrutiny at times. Section 86 of the Indian Evidence Act thus provides for the acceptance of certain foreign judicial records when adjudicating cases in India as well. The other major reason to analyses foreign jurisdiction awards in cases, are to confirm to certain principles explained in the judgements and the ratio contained in the judgement. The section in itself thus allows to accept those records as official which are in their originating countries accepted as references to judicial records and are widely publicized/used.

      On Section 82:
      In a similar situation to Section 86 of the Indian Evidence Act, Section 82 of the act highlights the acceptance of the legal records and documents contained in printed or published books which are published by the authority of the Government of the country. These are also reflective to view and refer to in consideration of cases in India, to highlight the rationale behind the judgements of foreign jurisdictions which can be utilised in enunciation of principles contained in Indian Law, when decisions are being made by the Courts of Justice. Also, for cases related to parties who are citizens, or on whom the laws and decisions of foreign jurisdictions apply, it becomes relevant to signify and accept the provisions, laws, decisions and documents amongst other materials from the foreign jurisdiction.

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