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Section 37 - The Bharatiya Sakshya Adhiniyam, 2023
37. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
Judgments or 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.
(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.
(c) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence. The existence of the judgment is relevant, as showing motive for a crime.
(d) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.
(e) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 6 as showing the motive for the fact in issue.
Related Sections
- Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence
- Section 170: Repeal and savings
- Section 118: Presumption as to dowry death
- Section 114: Proof of good faith in transactions where one party is in relation of active confidence
- Section 60: Cases in which secondary evidence relating to documents may be given