Indian Evidence Act, 1872 · Section 42

IEA 42 in BSA: Section 36

Section 42 of the Indian Evidence Act, 1872 corresponds to Section 36 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 42 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA.

Indian Evidence Act

IEA 42 is now BSA 36.

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

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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