Bharatiya Sakshya Adhiniyam, 2023
BSA Section 37
Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
In one line
BSA Section 37 deals with judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant and replaces Evidence Act 43.
Bare act text — BSA 37
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.
Frequently asked
What was BSA Section 37 in the Evidence Act?
BSA Section 37 (Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant) replaces Section 43 of the Indian Evidence Act, 1872. Evidence Act 43 is now BSA 37.
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Nearby BSA sections
- 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 36 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- 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
- BSA 42 — Opinion as to existence of general custom or right, when relevant