BSA § 36 · Bharatiya Sakshya Adhiniyam, 2023

Section 36 BSA — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Replaces IEA 42 of the Indian Evidence Act, 1872. In force since 1 July 2024.

The text

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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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