Bharatiya Sakshya Adhiniyam, 2023
BSA Section 38
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
In one line
BSA Section 38 deals with fraud or collusion in obtaining judgment, or incompetency of court, may be proved and replaces Evidence Act 44.
Bare act text — BSA 38
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.
Frequently asked
What was BSA Section 38 in the Evidence Act?
BSA Section 38 (Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved) replaces Section 44 of the Indian Evidence Act, 1872. Evidence Act 44 is now BSA 38.
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Nearby BSA sections
- 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 37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- 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
- BSA 43 — Opinion as to usages, tenets, etc., when relevant