Question

What condition must be satisfied for prior evidence to be relevant under Section 33 of the Indian Evidence Act, 1872?

• A. The evidence must have been recorded in the presence of a jury
• B. The proceeding was between the same parties or their representatives in interest
• C. The evidence must have been published in a government gazette
• D. The evidence must have been corroborated by expert opinion

Hint:

Section 33 deals with “former testimony”—always check for same parties and opportunity of cross-examination.

Answer 1

The Correct Option is B

Step 1: Understanding Section 33.
Section 33 allows evidence given in a previous judicial proceeding to be relevant in a subsequent proceeding when certain conditions are met.
Step 2: Key condition.
One essential requirement is that the earlier proceeding must have been between the same parties or their legal representatives. This ensures fairness and prevents prejudice.
Step 3: Conclusion.
Thus, the requirement of “same parties or representatives in interest” is mandatory under Section 33.