BSA §37
Judgments or orders or decrees, other than those mentioned in sections 34,.
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43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.–– Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, 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 Act. 1. Ins. by Act 18 of 1872, s. 3. 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 adultery with C, A’s wife. B denies that C is A’s wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. The judgment against B is irrelevant as against C. (c) 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. (d) 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. 1[(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (f) 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 8 as showing the motive for the fact in issue.]
37. 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.Aobtains 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) Ais tried for the murder of B. The fact that B prosecutedAfor libel and thatAwas convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue.
What changedAI-inferred
Judgments etc., other than those mentioned in sections 40 to 42, when relevant.
Old position
IEA 43 is concerned with Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. Judgments, etc
New position
BSA 37 preserves the framework with drafting modernisations as required by the new code. Topic: Judgments or orders or decrees, other than those mentioned in sections 34,.. 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
BSA 37 (Judgments or orders or decrees, other than those mentioned in sections 34,.) preserves the framework of IEA 43. BSA 37 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 37 text: Judgments...
Editorial deltaAI-indicated (source-linked)
BSA 37 (Judgments or orders or decrees, other than those mentioned in sections 34,.) preserves the framework of IEA 43. BSA 37 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 37 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 43 continues to apply. For matters from that date forward, BSA 37 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 37 (Judgments or orders or decrees, other than those mentioned in sections 34,.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §43 → BSA §37 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bsa/37.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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