Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
Section 36 of the Bharatiya Sakshya Adhiniyam, 2023 deals with relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35. 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; The Act came into force on 01 Jul 2024.
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.
Section 36, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Joji David vs State of Kerala
Decided under Indian Evidence Act 42, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Declining to stay a cheque-dishonour prosecution until a civil suit between the same parties was decided, the Court held that the decision in the civil suit has no relevancy in the criminal proceedings unless it is relevant under sections 40, 41 or 42 of the Evidence Act, and that since section 42 was not attracted the judgment the civil court might pass would be wholly irrelevant.
On this section: A worked example of the gatekeeping function of BSA section 36 - a judgment outside section 35 becomes relevant only if it relates to a matter of a public nature relevant to the enquiry, failing which it is simply irrelevant in the later proceeding.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 36
What have the courts held on Section 36 of the Bharatiya Sakshya Adhiniyam?
Joji David vs State of Kerala (23 Oct 2019) is the leading judgment on this section among those set out below, though it was decided under IEA 42, which this section replaced -- the court never mentioned this Act: A worked example of the gatekeeping function of BSA section 36 - a judgment outside section 35 becomes relevant only if it relates to a matter of a public nature relevant to the enquiry, failing which it is simply irrelevant in the later proceeding.
How do I find court cases under Section 36 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 36, section 36 BSA, section 36 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 36x scope. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Joji David vs State of Kerala (23 Oct 2019).
What should I read with Section 36 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on section 35 (Relevancy of certain judgments in probate, etc., jurisdiction), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward IEA 42 (Relevancy and effect of judgments, orders or decrees, other than those mentioned in 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), so the judgments decided under that provision are the case law on this one.
When did Section 36 of the Bharatiya Sakshya Adhiniyam come into force?
Section 36 of the Bharatiya Sakshya Adhiniyam, cited as BSA 36, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.