36. Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. Illustration. A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
BSA Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. It replaces Evidence Act 42 of the Indian Evidence Act, 1872.
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Text of BSA Section 36
Evidence Act sections replaced
- Evidence Act 42: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
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