Indian Evidence Act, 1872 · Section 40

IEA 40 in BSA: Section 34

Section 40 of the Indian Evidence Act, 1872 corresponds to Section 34 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 40 deals with previous judgments relevant to bar a second suit or trial. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 40 is now BSA 34.

Previous judgments relevant to bar a second suit or trial

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. II
s. 40
Previous judgments relevant to bar a second suit or trial
The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 34
Previous judgments relevant to bar a second suit or trial.
The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
Text from India Code
Related sectionsBSA 34 · Previous judgments relevant to bar a…
IEA 39 · What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papersIEA 41 · Relevancy of certain judgments in probate, etc., jurisdiction

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