BSA §38

Any party to a suit or other proceeding may show that any.

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
IEA §44
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. OPINIONS OF THIRD PERSONS WHEN RELEVANT

44. 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 40, 41 or 42, 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. OPINIONS OF THIRD PERSONS WHEN RELEVANT

New law
BSA §38
Any party to a suit or other proceeding may show that any.

38. 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. Opinions of third persons when relevant

What changedAI-inferred

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

Old position

IEA 44 is concerned with Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. OPINIONS OF THIRD PERSONS WHEN RELEVANT. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

New position

BSA 38 preserves the framework with drafting modernisations as required by the new code. Topic: Any party to a suit or other proceeding may show that any.. 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

BSA 38 (Any party to a suit or other proceeding may show that any.) preserves the framework of IEA 44. BSA 38 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 38 text: Any party to a suit or...

Editorial deltaAI-indicated (source-linked)

BSA 38 (Any party to a suit or other proceeding may show that any.) preserves the framework of IEA 44. BSA 38 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BSA 38 text: 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. Opinions of third persons when relevant

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IEA 44 continues to apply. For matters from that date forward, BSA 38 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 38 (Any party to a suit or other proceeding may show that any.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, IEA §44 → BSA §38 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/38.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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