Section 37 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 37 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
📜 Section 37: Judgments, Orders, or Decrees Not Covered in Sections 34, 35, and 36
Text of Section 37:
Judgments, orders, or decrees, other than those mentioned in sections 34, 35, and 36, are irrelevant, unless the existence of such judgment, order, or decree is a fact in issue, or is relevant under some other provision of this Adhiniyam.
🧠 Understanding Section 37
Section 37 addresses the relevancy of judgments, orders, or decrees that are not specified in Sections 34, 35, or 36 of the BSA. It establishes that such judgments are generally irrelevant unless:
Fact in Issue: The existence of the judgment, order, or decree is a fact directly in question in the current proceedings.
Other Provisions: The judgment, order, or decree is deemed relevant under some other specific provision of the BSA.
This section ensures that only pertinent judgments are considered in legal proceedings, maintaining the focus on relevant and material evidence.
📌 Illustrations
To clarify the application of Section 37, consider the following examples:
Illustration (a): If A and B separately sue C for libel, and C claims the matter is true, a judgment in favor of A is irrelevant to B's case.
Illustration (b): If A prosecutes B for stealing a cow, and B is convicted, A's subsequent lawsuit against C for the same cow is not affected by B's conviction.
Illustration (c): If A obtains a decree for land possession against B, and B's son, C, murders A, the existence of the judgment is relevant to show motive.
Illustration (d): If A is charged with theft and has a prior conviction for theft, the previous conviction is relevant as a fact in issue.(
Illustration (e): If A is tried for B's murder and A was previously convicted for libel against B, the libel conviction is relevant to show motive.(
These illustrations demonstrate how Section 37 applies to determine the relevancy of judgments in various legal contexts.
🔗 Related Sections
Section 34: Deals with judgments, orders, or decrees that are relevant and admissible
Section 35: Addresses judgments, orders, or decrees that are conclusive proof of certain matters.
Section 36: Covers judgments, orders, or decrees that are relevant to matters of a public nature.(
Sections 34, 35, and 36 outline specific circumstances under which judgments are considered relevant, while Section 37 serves as a general rule for judgments not covered by these sections.
⚖️ Significance of Section 37
Section 37 plays a crucial role in ensuring that only relevant and material judgments are considered in legal proceedings. By excluding irrelevant judgments, it helps in maintaining the focus on facts that directly pertain to the case at hand, thereby promoting fairness and efficiency in the judicial process.
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