Section 35 BSA: Relevancy of certain judgments in probate, etc., jurisdiction

Bharatiya Sakshya Adhiniyam, 2023

Section 35 BSA at a Glance

Section 35 BSA deals with relevancy of certain judgments in probate, etc., jurisdiction. It replaced Section 41 IEA on 1 July 2024.

Was IEA

Section 41 →

Section 35 BSA Bare Act Text

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.

Source: Section 35, Bharatiya Sakshya Adhiniyam, 2023

Section 35 BSA in Simple Words

Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party use certain final decisions of a court or tribunal to prove a person's legal character (legal status) or absolute title to a specific thing. Where the rule applies, the decision is both relevant and conclusive proof (final proof) of what it establishes.

Under Section 35(1) BSA, the ruling must be a final decree (formal decision), order or judgment of a competent court or tribunal acting in probate (wills), insolvency (debt relief), matrimonial (marriage) or admiralty (maritime) jurisdiction. It must grant, remove or declare a person's legal character, or declare entitlement to a specific thing absolutely rather than only against a named person. The ruling is relevant whenever that status or title is relevant.

Under Section 35(2) BSA, the ruling conclusively proves timing. Under clause (i), a conferred legal character accrued (began) when the ruling came into operation. Under clause (ii), a declared legal character accrued at the time fixed by the ruling. Under clause (iii), a removed legal character ceased from the time the ruling stated it ended or must end. Under clause (iv), a thing declared to belong to a person was that person's property from the time stated in the ruling.

When Section 35 BSA Applies

  • 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.

Example of Section 35 BSA

In October 2024, a competent tribunal in Mumbai exercising insolvency jurisdiction passes a final order conferring the legal character of an insolvent on Farhan, a trader. Later, in a commercial suit in Mumbai brought by Priya against the trader, the existence of that legal character as an insolvent becomes relevant. Priya produces the final order of the tribunal before the court. Under Section 35 BSA, that final insolvency order is relevant and is conclusive proof under Section 35(2)(i) BSA that the legal character conferred on Farhan accrued when the order came into operation.

When Section 35 BSA Does Not Apply

  • A declaration of entitlement to a specific thing is not covered if it applies only against a specified person rather than absolutely.

Section 35 BSA in the IEA (Previous Law)

Section 35 BSA replaces Section 41 IEA from the old criminal code.

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).

FAQs on Section 35 BSA

What is Section 35 BSA?▼

Section 35 of the Bharatiya Sakshya Adhiniyam, 2023 makes final decisions of a competent court or tribunal in probate, insolvency, matrimonial or admiralty jurisdiction relevant and conclusive proof when they determine a person's legal character or absolute title to a specific thing.

Which jurisdictions are covered by Section 35(1) BSA?▼

Probate, insolvency, matrimonial and admiralty jurisdiction. The decision must be a final decree, order or judgment passed by a competent court or tribunal exercising any of those jurisdictions.

Does Section 35 BSA cover a decision that declares ownership of a thing only against a particular person?▼

No. Under Section 35(1) BSA, a declaration of entitlement to a specific thing is covered only when it declares that entitlement absolutely and not against a specified person.

When does a legal character taken away by a decision cease under Section 35(2)(iii) BSA?▼

From the time stated in the final decree, order or judgment. Under Section 35(2)(iii) BSA, the decision is conclusive proof that the legal character ceased from the time it declared that the character had ceased or should cease.

What is Section 35 BSA in IEA?▼

Section 41 IEA. Section 35 BSA added a competent Tribunal alongside a competent Court and numbered the matters conclusively proved as clauses (i) to (iv) in sub-section (2).

Have questions about Section 35 BSA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·