Section 38 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the admissibility of judgments, orders, or decrees from other courts in a current proceeding. It allows a party to challenge the relevance or validity of such documents by proving that they were obtained through fraud, collusion, or from a court lacking proper jurisdiction
๐ Text of Section 38:
"Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion."(sudhirrao.com)
โ๏ธ Key Provisions Explained:
Scope of Relevance: This section applies to judgments, orders, or decrees that are relevant under Sections 34, 35, or 36 of the Act. These sections pertain to the relevancy of judgments in civil and criminal cases, including judgments in rem, judgments in personam, and judgments in criminal cases.
Grounds for Challenge: A party can challenge the admissibility of such judgments on the following grounds:
Lack of Jurisdiction: The court that delivered the judgment was not competent or lacked jurisdiction to do so.
Fraud: The judgment was obtained through fraudulent means.
Collusion: The judgment was obtained through collusion between the parties involved
Burden of Proof: The party challenging the judgment must provide evidence to support their claims of fraud, collusion, or lack of jurisdiction.
๐งพ Illustrative Example:
Scenario:
Ravi files a lawsuit against Suresh for the recovery of a loan amounting to โน5 lakhs.
The court rules in favor of Ravi, and Suresh is ordered to repay the amount.
However, Suresh later discovers that Ravi had bribed a court official to influence the judgment
In this case, Suresh can invoke Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, to prove that the judgment was obtained through fraud. By doing so, Suresh seeks to challenge the admissibility of the judgment in subsequent proceedings.
๐ Significance of Section 38:
Ensures Fairness: It ensures that judgments, orders, or decrees are not used as evidence if they were obtained through improper means.
Protects Legal Rights: It protects parties from being adversely affected by judgments from courts lacking jurisdiction or obtained through fraudulent or collusive practices.
Promotes Judicial Integrity: It upholds the integrity of the judicial system by allowing challenges to judgments that undermine its credibility.
๐ Further Reading:
For a comprehensive understanding of Section 38 and its application, you can refer to the official text of the Bharatiya Sakshya Adhiniyam, 2023:
This resource provides the full text of the Act, including all sections and provisions.
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