Section 44 IEA: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Indian Evidence Act, 1872

Section 44 IEA at a Glance

Section 44 IEA deals with fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. From 1 July 2024 it is replaced by Section 38 BSA.

Now BSA

Section 38 →

Section 44 IEA Bare Act Text

44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Source: Section 44, Indian Evidence Act, 1872

Section 44 IEA in Simple Words

Section 44 of the Indian Evidence Act, 1872 lets any party in a suit or proceeding challenge a court judgment, order or decree (a formal court decision in a suit) that the adverse party (the opposing side) has proved. Even when an earlier decision is relevant (legally usable as proof), the party facing it can show that it is invalid.

Section 44 IEA applies when the opposing side proves a decision that is relevant under Section 40, 41 or 42 IEA. Section 40 IEA covers earlier decisions that legally bar a court from taking cognizance (formal notice) of a suit or conducting a trial. Section 41 IEA covers specified judgments in probate and similar jurisdiction. Section 42 IEA covers decisions on public matters connected to the enquiry, though they are not final proof.

Once the opposing side proves such a decision, the other party can prove that the court which passed it was not competent (lacked legal authority) to deliver it. Alternatively, that party can prove that the decision was procured through fraud or collusion (a secret arrangement to deceive the court).

When Section 44 IEA Applies

  • Applies to any party in a suit or other legal proceeding.
  • Applies when a judgment, order or decree is relevant under Section 40, 41 or 42 IEA.
  • Applies after the opposing side has proved that judgment, order or decree.
  • Lets the party show that the court lacked competence to deliver the decision or that the decision resulted from fraud or collusion.

Example of Section 44 IEA

In 2021, Ramesh proves an earlier Lucknow decree under Section 40 IEA to bar a suit filed by Anita. Ramesh relies on that earlier decree as a relevant decision that stops the court from holding a trial. Anita has evidence that Ramesh procured the earlier Lucknow decree through fraud and secret collusion. Under Section 44 IEA, Anita may show that the earlier Lucknow decree was procured through fraud or collusion.

Section 44 IEA in the BSA

Section 44 IEA is now covered under Section 38 BSA.

Section 44 of the Indian Evidence Act, 1872 became Section 38 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 44 vs BSA 38) →

FAQs on Section 44 IEA

What is Section 44 IEA?▼

Section 44 of the Indian Evidence Act, 1872 allows any party in a suit or proceeding to challenge a judgment, order or decree proved by the adverse party under Section 40, 41 or 42 IEA. The party may show that the decision was passed by an incompetent court or procured through fraud or collusion.

Which judgments, orders or decrees can be challenged under Section 44 IEA?▼

Judgments, orders or decrees that are relevant under Section 40, 41 or 42 IEA and proved by the adverse party can be challenged. These cover decisions barring a repeat suit or trial, specified probate and similar judgments, and decisions on public matters.

Can a party challenge an earlier decree under Section 44 IEA on the ground of collusion?▼

Yes. If the adverse party proves a judgment, order or decree under Section 40, 41 or 42 IEA, any party to the proceeding may show that it resulted from fraud or collusion. The party may also show that the court which delivered the decision lacked competence to do so.

What is Section 44 IEA in BSA?▼

Section 38 BSA. Section 44 IEA became Section 38 BSA on 1 July 2024 with no substantive change to the rule. Only the cross-referenced section numbers were updated from Sections 40, 41 and 42 IEA to Sections 34, 35 and 36 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 ·