Section 41 IEA (Relevancy of certain judgments in probate, etc., jurisdiction) is now Section 35 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 41 to BSA 35?
Section 41 of the Indian Evidence Act, 1872 became Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Now also covers a judgment of a competent "Court or Tribunal", where the IEA said only "Court". The four matters it proves are now numbered (i) to (iv).
IEA 41 vs BSA 35: Comparison Table
Aspect
IEA 1872 (repealed)
BSA 2023 (in force)
Section
41
35
Heading
Relevancy of certain judgments in probate, etc., jurisdiction
Same
Sub-sections
None
2 sub-sections
IEA 41 and BSA 35: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 41, IEA 1872
41. Relevancy of certain judgments in probate, etc., jurisdiction.—A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.
Such judgment, order or decree is conclusive proof —
that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;
that 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;
that 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 that 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.
BSA 2023 (in force)
Section 35, BSA 2023
35. Relevancy of certain judgments in probate, etc., jurisdiction.—(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.
(2) Such judgment, order or decree is conclusive proof that—
(i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation;
(ii) 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;
(iii) 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
(iv) 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.
When It Applies: IEA 41 vs BSA 35
Under IEA 41
A competent court has passed a final decree, order or judgment.
The court passed the decision while exercising jurisdiction over probate, insolvency, matrimonial or admiralty matters.
The decision grants, removes or declares a person's legal character, or declares a person's absolute entitlement to a specific thing.
The existence of that legal character, or that person's title to that specific thing, is relevant in the case.
Under BSA 35
A competent court or tribunal has passed a final decree, order or judgment.
The court or tribunal passed the decision while exercising jurisdiction over probate, insolvency, matrimonial or admiralty matters.
The decision grants, removes or declares a person's legal character, or declares a person's absolute entitlement to a specific thing.
The existence of that legal character, or that person's title to that specific thing, is relevant in the case.
What IEA 41 to BSA 35 Means in Practice
Section 41 IEA became Section 35 BSA. A party in court can rely on a final decision of a competent Tribunal, not only a competent Court, when it exercises probate, insolvency, matrimonial or admiralty jurisdiction. The section is also divided into sub-sections (1) and (2), with the matters it conclusively proves numbered as clauses (i) to (iv).
FAQs: IEA 41 to BSA 35
What did Section 35 BSA add to Section 41 IEA?▼
Section 35(1) BSA added a competent Tribunal alongside a competent Court, so final decisions of a competent Tribunal in probate, insolvency, matrimonial or admiralty jurisdiction are also covered. Section 41 IEA named only a competent Court.
Did Section 35 BSA change the matters that the decision conclusively proves?▼
No. The matters conclusively proved remain the same as under Section 41 IEA, and Section 35(2) BSA numbers them as clauses (i) to (iv).
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.