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

Section 36: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

The Bharatiya Sakshya Adhiniyam, 2023

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.

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

3 questions in 17 of our papers cite Section 36.

Practise questions on Bharatiya Sakshya Adhiniyam