IEA §40 → BSA §34
Previous judgments relevant to bar a second suit or trial
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Comparison
40. Previous judgments relevant to bar a second suit or trial.––The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
34. The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
What changedAI-inferred
Previous judgments relevant to bar a second suit or trial.
Old position
IEA 40 is concerned with Previous judgments relevant to bar a second suit or trial. Previous judgments relevant to bar a second suit or trial
New position
BSA 34 preserves the framework with drafting modernisations as required by the new code. Topic: Previous judgments relevant to bar a second suit.. The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold
BSA 34 (Previous judgments relevant to bar a second suit.) preserves the framework of IEA 40. BSA 34 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 34 text: The existence of any judgment, order...
Editorial deltaAI-indicated (source-linked)
BSA 34 (Previous judgments relevant to bar a second suit.) preserves the framework of IEA 40. BSA 34 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 34 text: The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 40 continues to apply. For matters from that date forward, BSA 34 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 34 (Previous judgments relevant to bar a second suit.). 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 §40 → BSA §34 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/40.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.