Law4u - Made in India

What Is BSA Section 36?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 36 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of judgments, orders, or decrees not covered in Section 35. It states that such legal decisions are relevant if they pertain to matters of public interest, though they do not serve as conclusive proof of the facts they assert.

Question & Answers

Q1: What does Section 36 cover?

A1: Section 36 covers the relevancy and effect of judgments, orders, or decrees other than those mentioned in Section 35.

Q2: When are such judgments, orders, or decrees considered relevant?

A2: They are considered relevant if they relate to matters of a public nature relevant to the enquiry.

Q3: Are these judgments conclusive proof of the facts they state?

A3: No, they are not conclusive proof of that which they state.

Q4: Can you provide an example of how this section applies?

A4: Yes, in a case where A sues B for trespass and B claims a public right of way, a previous decree in favor of B in another suit regarding the same right of way is relevant but not conclusive proof of the right's existence.

Example

A sues B for trespass on his property, claiming exclusive ownership. B, in his defense, presents a prior judgment indicating a public right of way over A's property. While this prior judgment is relevant to the case, it does not definitively prove that the right of way exists.

Summary

Section 36 of the Bhartiya Sakshya Adhiniyam, 2023, clarifies that judgments, orders, or decrees unrelated to Section 35 can still be relevant in public matters. However, they do not provide conclusive proof of the assertions they contain, ensuring that the context and nature of such judgments are carefully considered in legal proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pradeep K Sharma(upadhayay)

Advocate Pradeep K Sharma(upadhayay)

Civil, Criminal, High Court, Property, Revenue, Anticipatory Bail, Cheque Bounce, Banking & Finance, Labour & Service, Supreme Court

Get Advice
Advocate V V Murali Krishna

Advocate V V Murali Krishna

Anticipatory Bail,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Civil,Consumer Court,Customs & Central Excise,Criminal,Cyber Crime,Documentation,GST,Domestic Violence,Insurance,Labour & Service,Landlord & Tenant,Medical Negligence,Motor Accident,Patent,Property,Recovery,RERA,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Santhana Karuppu

Advocate Santhana Karuppu

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA

Get Advice
Advocate Pandurang Autade

Advocate Pandurang Autade

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Property, Recovery

Get Advice
Advocate Gajendra Panwar

Advocate Gajendra Panwar

Consumer Court, Cheque Bounce, Court Marriage, Child Custody, Corporate, Banking & Finance, Arbitration, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Civil, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, GST, Documentation, High Court, Insurance, Labour & Service, International Law, Medical Negligence, Landlord & Tenant, Motor Accident, NCLT, Patent, Property, Recovery, Tax, Trademark & Copyright, Startup, Succession Certificate, Wills Trusts, R.T.I, Armed Forces Tribunal

Get Advice
Advocate Aman Kumar Gupta

Advocate Aman Kumar Gupta

Breach of Contract, Banking & Finance, Court Marriage, Medical Negligence, Documentation, Criminal

Get Advice
Advocate P.o.radhakrishnan

Advocate P.o.radhakrishnan

Civil, Consumer Court, Divorce, Family, High Court, Property, Trademark & Copyright, Anticipatory Bail

Get Advice
Advocate Devilal Kumawat

Advocate Devilal Kumawat

Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Family

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.