Indian Evidence Act, 1872 · Section 44

IEA 44 in BSA: Section 38

Section 44 of the Indian Evidence Act, 1872 corresponds to Section 38 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 44 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, replacing the IEA.

Indian Evidence Act

IEA 44 is now BSA 38.

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

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