What was BSA 38 in the IEA?

BSA 38: earlier IEA 44

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 44 of the Indian Evidence Act, 1872. BSA 38 deals with fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 38 was IEA 44.

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

Carried over

94% of the old wording kept

Old · IEA 1872 · Ch. II

s. 44

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

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under Section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Text read from the official print by OCR. Check it against the print before quoting.

New · BSA 2023 · Ch. II

s. 38

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

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Text from India Code