IEA 42→BSA 36

IEA 42 to BSA 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

Section 42 IEA (1872) replaced by Section 36 BSA (2023)

View IEA Section 42 →View BSA Section 36 →

IEA 42 to BSA 36 at a Glance

Section 42 IEA (Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41) is now Section 36 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 42 to BSA 36?

Section 42 of the Indian Evidence Act, 1872 became Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

IEA 42 vs BSA 36: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4236
HeadingRelevancy and effect of judgments, orders or decrees, other than those mentioned in section 41Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Cross-referencess.41s.35

IEA 42 and BSA 36: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 42, IEA 1872

42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.—Judgments, orders or decrees other than those mentioned in section 41 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. Illustration A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
BSA 2023 (in force)

Section 36, BSA 2023

36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35.—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. Illustration. A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.

When It Applies: IEA 42 vs BSA 36

Under IEA 42
  1. A party relies on a court decree, order or judgment other than the decisions mentioned in Section 41 IEA.
  2. The decree, order or judgment deals with a matter of a public nature.
  3. That public matter is relevant to the enquiry before the court.
Under BSA 36
  1. A party relies on a court decree, order or judgment other than the decisions mentioned in Section 35 BSA.
  2. The decree, order or judgment deals with a matter of a public nature.
  3. That public matter is relevant to the enquiry before the court.

What IEA 42 to BSA 36 Means in Practice

Section 42 IEA became Section 36 BSA with one update: the reference to Section 41 IEA became a reference to Section 35 BSA. The same rule applies, and a party should cite Section 36 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 ·