IEA §44 → BSA §38
Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. OPINIONS OF THIRD PERSONS WHEN RELEVANT
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Comparison
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
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.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Indian Evidence Act, 1872 · §44
View government sourcelddashboard.legislative.gov.in(opens the Indian Evidence Act, 1872 Web page on lddashboard.legislative.gov.in in a new tab)Legislative Department, Ministry of Law and Justice, Government of India · Web page
Bharatiya Sakshya Adhiniyam, 2023 · §38
View government sourcemha.gov.in(opens the Bharatiya Sakshya Adhiniyam, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §44 → BSA §38 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/iea/44.
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.