Section 40 IEA: Previous judgments relevant to bar a second suit or trial
Indian Evidence Act, 1872
Section 40 IEA at a Glance
Section 40 IEA deals with previous judgments relevant to bar a second suit or trial. From 1 July 2024 it is replaced by Section 34 BSA.
Section 40 IEA Bare Act Text
40. Previous judgments relevant to bar a second suit or trial
The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
Source: Section 40, Indian Evidence Act, 1872
Section 40 IEA in Simple Words
Section 40 of the Indian Evidence Act, 1872 lets a party rely on a previous court decision. A party can use it when asking a court not to hear a second suit or trial.
Under Section 40 IEA, the decision can be a judgment, an order, or a decree (a formal court decision). That decision must by law prevent a court from taking cognizance (officially taking up a matter) of a suit. It also covers a decision that by law prevents a court from holding a trial.
The rule applies when the court is deciding whether to take up the suit or hold the trial. At that stage, the existence of the earlier decision is a relevant fact (a provable fact). A party can therefore prove that the previous judgment, order, or decree exists.
When Section 40 IEA Applies
- A previous judgment, order, or decree exists.
- By law, that decision stops a court from taking cognizance of a suit or holding a trial.
- The court is deciding whether to take cognizance of that suit or hold that trial.
Example of Section 40 IEA
Section 40 IEA in the BSA
Section 40 IEA is now covered under Section 34 BSA.
Section 40 of the Indian Evidence Act, 1872 became Section 34 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
View detailed comparison (IEA 40 vs BSA 34) →FAQs on Section 40 IEA
What is Section 40 IEA?▼
Section 40 of the Indian Evidence Act, 1872 makes the existence of a previous court decision a relevant fact. It applies when that decision by law bars a court from taking up a suit or holding a trial. A party can prove the decision when the court considers whether to proceed with the suit or trial.
Which court decisions are covered under Section 40 IEA?▼
Judgments, orders, and decrees. Section 40 IEA covers any such decision that by law stops a court from taking up a suit. It also covers a decision that by law stops a court from holding a trial.
Does Section 40 IEA itself decide which judgments bar a second suit or trial?▼
No. Section 40 IEA applies when a judgment, order, or decree prevents a suit or trial by law. When that legal bar applies, Section 40 IEA makes the existence of the decision a relevant fact.
What is Section 40 IEA in BSA?▼
Section 34 BSA. It replaced Section 40 IEA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·