Section 42 IEA: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

Indian Evidence Act, 1872

Section 42 IEA at a Glance

Section 42 IEA deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. From 1 July 2024 it is replaced by Section 36 BSA.

Now BSA

Section 36 →

Section 42 IEA Bare Act Text

42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41
Judgments, orders or decrees other than those mentioned in section 41 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 42, Indian Evidence Act, 1872

Section 42 IEA in Simple Words

Section 42 of the Indian Evidence Act, 1872 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 41 IEA. To be relevant under Section 42 IEA, 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 42 IEA Applies

A party relies on a court decree, order or judgment other than the decisions mentioned in Section 41 IEA.
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 42 IEA

In 2018, 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 42 IEA, the earlier decree is relevant because it concerns a matter of a public nature bearing on the court's enquiry. However, under Section 42 IEA, the earlier decree is not conclusive proof that the stone tank is a public water source.

When Section 42 IEA Does Not Apply

Section 42 IEA does not cover judgments, orders or decrees mentioned in Section 41 IEA.
A judgment, order or decree covered by Section 42 IEA is not conclusive proof of what it states.

Section 42 IEA in the BSA

Section 42 IEA is now covered under Section 36 BSA.

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.

View detailed comparison (IEA 42 vs BSA 36) →

FAQs on Section 42 IEA

What is Section 42 IEA?▼

Section 42 of the Indian Evidence Act, 1872 makes court decrees, orders and judgments, other than those under Section 41 IEA, 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 42 IEA conclusive proof of what it states?▼

No. Section 42 IEA 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 42 IEA apply to private disputes that do not involve a public matter?▼

No. A decree, order or judgment is relevant under Section 42 IEA only if it concerns a matter of a public nature that is relevant to the enquiry.

Does Section 42 IEA apply to the probate and related judgments covered by Section 41 IEA?▼

No. Section 42 IEA applies only to decrees, orders and judgments other than those mentioned in Section 41 IEA.

What is Section 42 IEA in BSA?▼

Section 36 BSA. 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, Indian Evidence Act, 1872 ·