Relevancy of Judgment

Bharatiya Sakshya Adhiniyam, 2023

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

[Advocate]

 

Relevancy of Judgment-

Tanmoy Mukherjee

[Advocate]

 

 Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that evidence may be given only of fact in issue and relevant fact.

 Section 34 to Section 38 of BSA deals with relevancy of judgments.

This was earlier contained in Section 40 to Section 44 of the Indian Evidence Act, 1872 (IEA).

• Types of Judgment-  

There are two types of judgment-

Judgment in Rem- When a judgment is applicable to the entire world and does not only remain between two parties.

Judgment in Personam- When a judgment is applicable only between two parties.

• Section 34 of BSA: 

1. Section 34 of BSA provides that previous judgments that bar a second suit or trial are relevant.

2. Section 34 of BSA provides: The existence of any judgment, order or decree of a competent court which by law prevents the court from taking cognizance of a suit or holding a trial. Such judgment is a relevant fact. When the question is whether such court ought to take cognizance of such suit or hold trial.

3. Section 11 of Code of Civil Procedure, 1908 (CPC): Contains the rule of res judicata which bars the suit or litigation of the same issue between the same parties.

4. Further, Article 20(2) of the Constitution of India and Section 337 of Criminal Procedure Code, 1973 lays down the principle of double jeopardy.

5. The object of Section 34 of BSA is to prevent multiplicity of proceedings.

6. This Section was earlier contained in Section 40 of IEA.

• Section 35 of BSA-

1.Section 35 of BSA provides for relevancy of certain judgments in certain jurisdictions.

2.Section 35 (1) of BSA applies to judgments delivered in following jurisdictions: Probate, Matrimonial, Insolvency and Admiralty.

3. The judgments mentioned above which confer upon or take from any person any such character or be entitled to a particular thing not as against a specified person but absolutely, shall be relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

Section 35(2) provides that such judgment, order or decree shall be conclusive proof as to the following- 

1. any legal character, which it confers accrued at the time when such judgment, order or decree came into operation.
2. any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person.
3. any legal character which it  takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and
4.  anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.

4. This section was earlier contained in section 41 of IEA.

5. Section 2(b) of BSA defines "conclusive proof" as when one fact is declared by this Adhiniyam to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

 

• Section 36 of BSA-

1. Section 36 of BSA deals with relevancy and effect of judgments, orders or decrees other than those mentioned in Section 35 of BSA.

2.Section 36 of BSA states-  Judgments, orders or decrees, other than those mentioned in Section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state.

3. This Section was earlier contained in Section 42 of IEA.

• Section 37 of BSA:

1. Section 37 of BSA provides that the 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.

2. This section was earlier contained in Section 43 of IEA.

• Section 38 of BSA:

1. Section 38 of BSA provides that fraud or collusion in obtaining judgment, or incompetency of court may be proved.

2. Section 38 of BSA provides that 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.

3. This section was earlier contained in Section 44 of IEA.

4. BSA is the legislation that provides for facts that are relevant and hence can be proved. Section 34 to Section 38 of BSA provides for judgments that are relevant. Thus, for the judgments falling under these provisions, evidence can be given.