IEA 43→BSA 37

IEA 43 to BSA 37: Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant

Section 43 IEA (1872) replaced by Section 37 BSA (2023)

View IEA Section 43 →View BSA Section 37 →

IEA 43 to BSA 37 at a Glance

Section 43 IEA (Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant) is now Section 37 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 43 to BSA 37?

Section 43 of the Indian Evidence Act, 1872 became Section 37 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change to the rule. The illustration on a prosecution for adultery was removed, the remaining illustrations were re-lettered, and the section numbers follow the BSA.

IEA 43 vs BSA 37: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4337
HeadingJudgments, etc., other than those mentioned in sections 40, 41 and 42, when relevantJudgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
Cross-referencess.40, s.41, s.42, s.8s.34, s.35, s.36, s.6

IEA 43 and BSA 37: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 43, IEA 1872

43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.—Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, 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 Act. Illustrations (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for adultery with C, A’s wife. B denies that C is A’s wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. C says that she never was A’s wife. The judgment against B is irrelevant as against C. (c) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (d) A has obtained a decree for the possession of land against B. C, B’s son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. (e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.
BSA 2023 (in force)

Section 37, BSA 2023

37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.—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. Illustrations. (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime. (d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue. (e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue.

When It Applies: IEA 43 vs BSA 37

Under IEA 43
  1. Applies when a party in a proceeding seeks to rely on a court judgment, order or decree.
  2. Applies where the judgment, order or decree does not fall under Sections 40, 41 and 42 IEA.
  3. Allows the decision to be proved when its existence is itself a fact in issue in the proceeding.
  4. Allows the decision to be proved when its existence is relevant under another rule in the Act, such as Section 8 IEA on motive.
Under BSA 37
  1. Applies when a party in a proceeding seeks to rely on a court judgment, order or decree.
  2. Applies where the judgment, order or decree does not fall under Sections 34, 35 and 36 BSA.
  3. Allows the decision to be proved when its existence is itself a fact in issue in the proceeding.
  4. Allows the decision to be proved when its existence is relevant under another rule in the Adhiniyam, such as Section 6 BSA on motive.

What IEA 43 to BSA 37 Means in Practice

Section 43 IEA became Section 37 BSA on 1 July 2024, and the same rule applies to when earlier judgments, orders and decrees are relevant. A party in a matter governed by the BSA should cite Section 37 BSA along with the updated references to Sections 34, 35, 36 and 6 BSA. The illustration on a prosecution for adultery was removed and the remaining illustrations were re-lettered, without changing the rule.

FAQs: IEA 43 to BSA 37

Did removing the adultery illustration in Section 37 BSA change the rule on earlier judgments?▼

No. Removing that illustration and re-lettering the remaining illustrations did not alter the legal rule. Under Section 37 BSA, an earlier decision outside Sections 34, 35 and 36 BSA stays irrelevant unless its existence is itself a fact in issue or another provision of the Adhiniyam makes it relevant.

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 ·