Indian Evidence Act
IEA 43 is now BSA 37.
Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant
Carried over
75% of the old wording kept
Old · IEA 1872 · Ch. II
s. 43
Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant
Judgments, orders or decrees, other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act.
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A's wife. OF THE RELEVANCY OF FACTS B denies that C is A's wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wite. The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing a cow from him. B is convicted. A. afterwards, sues C forthe cow, which B had sold to him before his conviction. As between A and C. the judgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against B. C. B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. 5*|(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant, as a fact-in-issuc. ()A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under Section 8 as showing the motive for the fact-in-issue.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 37
Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
Judgments or orders or decrees, other than those mentioned in sections 34, 35 and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Adhiniyam.
Illustrations.
(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.
(c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime.
(d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.
(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue.
Text from India Code