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CHAPTER II.––OF THE RELEVANCY OF FACTS · JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

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

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

Now in the BSA

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

42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.BSA 36

Questions on this section

2 questions in 11 of our papers cite Section 42.

Practise questions on Criminal Law