Evidence Act · Chapter II · Of the relevancy of facts
Evidence Act section 44, “Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved”, is now BSA section 38 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.
Indian Evidence Act, 1872
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42, 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.
Bharatiya Sakshya Adhiniyam, 2023
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
