Section 37 BSA: Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Bharatiya Sakshya Adhiniyam, 2023

Section 37 BSA at a Glance

Section 37 BSA deals with judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. It replaced Section 43 IEA on 1 July 2024.

Was IEA

Section 43 →

Section 37 BSA Bare Act Text

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.

Source: Section 37, Bharatiya Sakshya Adhiniyam, 2023

Section 37 BSA in Simple Words

Section 37 of the Bharatiya Sakshya Adhiniyam, 2023 stops parties from using most earlier court decisions in a separate case. Judgments, orders and decrees (formal court decisions in a suit) are irrelevant (not usable as proof) outside specific exceptions.

Section 37 BSA leaves untouched the decisions covered by Sections 34, 35 and 36 BSA. Section 34 BSA covers decisions that legally bar a court from taking cognizance (formal notice) of a suit or conducting a trial. Section 35 BSA covers specified judgments in probate and similar jurisdiction. Section 36 BSA covers decisions on public matters connected to the enquiry, though they are not final proof.

Any other decision is relevant if its existence is a fact in issue (a main fact the court must decide), such as a prior theft conviction included in a charge. It is also relevant if another rule in the Adhiniyam makes it relevant, such as showing motive for murder under Section 6 BSA, which covers motive, preparation and conduct.

Otherwise, a decision in an earlier case cannot be used in a separate dispute. A conviction for stealing a cow is irrelevant in a later civil suit against the buyer, and a libel decree (a decision on a written defamatory statement) won by a plaintiff is irrelevant in a separate suit brought by another person.

When Section 37 BSA Applies

  • Applies when a party in a proceeding seeks to rely on a court judgment, order or decree.
  • Applies where the judgment, order or decree does not fall under Sections 34, 35 and 36 BSA.
  • Allows the decision to be proved when its existence is itself a fact in issue in the proceeding.
  • Allows the decision to be proved when its existence is relevant under another rule in the Adhiniyam, such as Section 6 BSA on motive.

Example of Section 37 BSA

In 2025, a Jaipur court passes a decree against Priya in a suit by Farhan over delayed catering supplies. Anita later sues Priya in Jaipur over a separate catering contract and submits the decree won by Farhan. That decree is not covered by Sections 34, 35 or 36 BSA, a fact in issue, or another rule. Under Section 37 BSA, the Jaipur decree obtained by Farhan is irrelevant in the suit filed by Anita.

When Section 37 BSA Does Not Apply

  • The rule of irrelevance does not apply to judgments, orders or decrees covered by Sections 34, 35 and 36 BSA.
  • The rule of irrelevance does not apply when the existence of that decision is itself a fact in issue.
  • The rule of irrelevance does not apply when the existence of that decision is relevant under another rule in the Adhiniyam.

Section 37 BSA in the IEA (Previous Law)

Section 37 BSA replaces Section 43 IEA from the old criminal code.

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.

FAQs on Section 37 BSA

What is Section 37 BSA?▼

Section 37 of the Bharatiya Sakshya Adhiniyam, 2023 states that judgments, orders and decrees outside Sections 34, 35 and 36 BSA are irrelevant. An earlier decision can be proved only when its existence is itself a fact in issue, or when another rule in the Adhiniyam makes it relevant.

Can a criminal conviction against a seller be used against a buyer in a later civil suit under Section 37 BSA?▼

No. Under Section 37 BSA, a theft conviction against a seller is irrelevant in a later suit against the buyer. The claim against the buyer must be proved independently.

Can an earlier judgment be proved under Section 37 BSA to show motive for an offence?▼

Yes. Under Section 37 BSA, the existence of an earlier judgment or decree is relevant when it shows motive for a crime under Section 6 BSA. For example, a prior land decree or libel conviction can be proved as the motive for a murder.

Is a previous conviction relevant under Section 37 BSA when the charge includes that conviction?▼

Yes. When an accused person is charged with an offence and also with having a previous conviction, the earlier conviction is a fact in issue. Under Section 37 BSA, that conviction is relevant and can be proved.

What is Section 37 BSA in IEA?▼

Section 43 IEA. Section 43 IEA became Section 37 BSA on 1 July 2024 without changing the legal rule. In Section 37 BSA, an illustration on adultery was dropped, the remaining illustrations were re-lettered, and the cited section numbers follow the 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 ·