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Evidence Act Section 42 in BSA: Section 36

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

Section 42 of the Indian Evidence Act, 1872 (Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41) corresponds to Section 36 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

Text of BSA Section 36

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 ofa 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.

Relevancy of statements as to any law contained in law books including electronic or digital form.

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.

Previous judgments relevant to bar a second suit or trial.

Relevancy of certain judgments in probate, etc., jurisdiction.

Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.

Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

Opinions of experts.

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