Bharatiya Sakshya Adhiniyam, 2023 · Section 36

BSA 36: earlier IEA 42

Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 42 of the Indian Evidence Act, 1872. BSA 36 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024.

Bharatiya Sakshya Adhiniyam

BSA 36 was IEA 42.

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

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. II
s. 42
Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41
Judgments, orders or decrees other than those mentioned in Section 41, 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 36
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.
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.
Text from India Code

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