Section 36 BSA: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Bharatiya Sakshya Adhiniyam, 2023

Section 36 BSA at a Glance

Section 36 BSA deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. It replaced Section 42 IEA on 1 July 2024.

Was IEA

Section 42 →

Section 36 BSA Bare Act Text

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.

Source: Section 36, Bharatiya Sakshya Adhiniyam, 2023

Section 36 BSA in Simple Words

Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party rely on earlier court decrees (formal court decisions), orders or judgments when they deal with a matter of a public nature that bears on the court's enquiry (the matter the court is looking into). However, those decisions do not act as conclusive proof (final proof) of the facts they state.

The rule covers decrees, orders and judgments other than the decisions in probate and related jurisdictions mentioned in Section 35 BSA. To be relevant under Section 36 BSA, the earlier decision must concern a public matter that is relevant to the dispute before the court.

Because such a decision is not conclusive proof, the court can consider it as relevant evidence without treating it as final. For instance, if a landowner sues a person for trespass and that person claims a right of way for the public across the land, an earlier decree against the landowner in a suit with another defendant who claimed the same public passage is relevant, but it does not conclusively prove that the passage exists.

When Section 36 BSA Applies

  • A party relies on a court decree, order or judgment other than the decisions mentioned in Section 35 BSA.
  • The decree, order or judgment deals with a matter of a public nature.
  • That public matter is relevant to the enquiry before the court.

Example of Section 36 BSA

In November 2024, in a suit in Pune over whether a stone tank is a public water source, Anita relies on an earlier court decree passed against Ramesh, the tank owner, in a prior case with Farhan. That earlier decree had stated that the stone tank was open for public use. Under Section 36 BSA, the earlier decree is relevant because it concerns a matter of a public nature bearing on the court's enquiry. However, under Section 36 BSA, the earlier decree is not conclusive proof that the stone tank is a public water source.

When Section 36 BSA Does Not Apply

  • Section 36 BSA does not cover judgments, orders or decrees mentioned in Section 35 BSA.
  • A judgment, order or decree covered by Section 36 BSA is not conclusive proof of what it states.

Section 36 BSA in the IEA (Previous Law)

Section 36 BSA replaces Section 42 IEA from the old criminal code.

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.

FAQs on Section 36 BSA

What is Section 36 BSA?▼

Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 makes court decrees, orders and judgments, other than those under Section 35 BSA, relevant when they concern a public matter bearing on the court's enquiry, while stating that they are not conclusive proof.

Is a judgment covered by Section 36 BSA conclusive proof of what it states?▼

No. Section 36 BSA states that such a decree, order or judgment is relevant to the enquiry, but it is not conclusive proof of the facts it states.

Does Section 36 BSA apply to private disputes that do not involve a public matter?▼

No. A decree, order or judgment is relevant under Section 36 BSA only if it concerns a matter of a public nature that is relevant to the enquiry.

Does Section 36 BSA apply to the probate and related judgments covered by Section 35 BSA?▼

No. Section 36 BSA applies only to decrees, orders and judgments other than those mentioned in Section 35 BSA.

What is Section 36 BSA in IEA?▼

Section 42 IEA. The rule is unchanged, and the reference to Section 41 IEA became a reference to Section 35 BSA.

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

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