Bharatiya Sakshya Adhiniyam, 2023
BSA Section 36
Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
In one line
BSA Section 36 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 and replaces Evidence Act 42.
Bare act text — BSA 36
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.
Frequently asked
What was BSA Section 36 in the Evidence Act?
BSA Section 36 (Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35) replaces Section 42 of the Indian Evidence Act, 1872. Evidence Act 42 is now BSA 36.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 31 — Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- BSA 32 — Relevancy of statements as to any law contained in law books including electronic or digital form
- BSA 33 — What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- BSA 34 — Previous judgments relevant to bar a second suit or trial
- BSA 35 — Relevancy of certain judgments in probate, etc., jurisdiction
- BSA 37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- BSA 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- BSA 39 — Opinions of experts
- BSA 40 — Facts bearing upon opinions of experts
- BSA 41 — Opinion as to handwriting and signature, when relevant