Law Maker

PART II · CHAPTER II RELEVANCY OF FACTS · Judgments of Courts when relevant

Section 35: Relevancy of certain judgments in probate, etc., jurisdiction

The Bharatiya Sakshya Adhiniyam, 2023

(1) A final judgment, order or decree of a competent Court or Tribunal, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.

(2) Such judgment, order or decree is conclusive proof that—

(i) any legal character, which it confers accrued at the time when such judgment, order or decree came into operation;

(ii) any legal character, to which it declares any such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;

(iii) any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease; and

(iv) anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 28 of our papers cite Section 35. Try these from the free papers:

  1. 1. With reference to a judgment relevant under Section 35 of the BSA, consider the following statements: 1. It is conclusive proof that any legal character which it confers accrued at the time when the judgment came into operation. 2. It is conclusive proof that any legal character which it takes away ceased at the time from which the judgment declared that it had ceased or should cease. 3. It is relevant only as against the persons who were parties to the proceeding in which it was delivered. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam