Section 36 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 36 of the Bharatiya Sakshya Adhiniyam (BSA), 2023
Relevancy and Effect of Judgments, Orders, or Decrees (Other than Those Mentioned in Section 35)
📜 Text of Section 36
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.
🔍 Detailed Explanation
1. Relevance in Public Matters:
Section 36 allows judgments, orders, or decrees that pertain to public matters to be considered relevant in civil proceedings. This means that if a previous judgment addresses a public issue, it can be introduced as evidence in a new case concerning the same issue.
2. Non-Conclusive Nature:
Despite their relevance, such judgments are not conclusive proof of the matters they state. This means that while they can be considered, they do not automatically establish the truth of the matter in question. The court retains the discretion to evaluate the evidence independently.
3. Practical Application:
For instance, if a court previously ruled that a certain land has a public right of way, this judgment can be presented in a new case involving the same land. However, the new court is not bound by the previous decision and can assess the evidence anew.
⚖️ Comparison with Section 35
Section 35 deals with judgments that are conclusive proof of certain matters, such as legal character or title to property. In contrast, Section 36 applies to judgments that are relevant but not conclusive, highlighting a distinction between different types of judgments and their impact on legal proceedings.
🧭 Summary
Relevance: Judgments, orders, or decrees related to public matters are relevant in civil proceedings.
Non-Conclusive: Such judgments are not conclusive proof; the court evaluates them along with other evidence.
Application: They can be used to support claims but do not automatically establish facts.
This provision ensures that while previous judgments can inform current cases, they do not override the need for fresh evaluation and evidence.
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