What Is Bharatiya Sakshya Adhiniyam Section 37 (BSA Section 37)?

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In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 37. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 37)?

The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.

BSA Section 37
BSA Section 37

Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 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, section 35 and section 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.

Illustrations

  • (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.

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