IEA 40→BSA 34

IEA 40 to BSA 34: Previous judgments relevant to bar a second suit or trial

Section 40 IEA (1872) replaced by Section 34 BSA (2023)

View IEA Section 40 →View BSA Section 34 →

IEA 40 to BSA 34 at a Glance

Section 40 IEA (Previous judgments relevant to bar a second suit or trial) is now Section 34 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 40 to BSA 34?

Section 40 of the Indian Evidence Act, 1872 became Section 34 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 40 vs BSA 34: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4034
HeadingPrevious judgments relevant to bar a second suit or trialSame

IEA 40 and BSA 34: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 40, IEA 1872

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.
BSA 2023 (in force)

Section 34, BSA 2023

34. 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.

When It Applies: IEA 40 vs BSA 34

Under IEA 40
  1. A previous judgment, order, or decree exists.
  2. By law, that decision stops a court from taking cognizance of a suit or holding a trial.
  3. The court is deciding whether to take cognizance of that suit or hold that trial.
Under BSA 34
  1. A previous judgment, order, or decree exists.
  2. By law, that decision stops a court from taking cognizance of a suit or holding a trial.
  3. The court is deciding whether to take cognizance of that suit or hold that trial.

What IEA 40 to BSA 34 Means in Practice

Section 40 IEA became Section 34 BSA on 1 July 2024 without any change in wording. The same rule applies, and a litigant should cite Section 34 BSA for matters governed by the BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·