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
Section 42 of the Indian Evidence Act, 1872 deals with 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. Illustration A sues B for trespass on his land. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 42, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 Close, with changes 84%
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 The repealed enactment still governs what happened while it was in force.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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Vishnu Dutt Sharma vs Daya Sapra
Court's Decision & Legal Precedent
The principle of res judicata and the concept of abuse of process of law do not operate to bar continuation of a civil suit merely because the accused has been acquitted in a related criminal proceeding arising from the same transaction. A judgment in a criminal proceeding, even if it results in acquittal, does not have binding effect on a parallel civil suit as the standards of proof, burden of proof, causes of action, and legal issues are fundamentally different between criminal and civil proceedings. The applicability of reverse burden provisions and statutory presumptions in criminal law must be strictly interpreted and applied with due regard to the presumption of innocence and constitutional rights of the accused, whereas in civil proceedings no such strict compliance is required. A creditor has the right to pursue both criminal and civil remedies concurrently, and the continuation of such proceedings is neither barred by law nor constitutes an abuse of process, provided the civil suit was not barred at the time of its filing.
On this section: Provides relevance and effect of other judgments, orders or decrees of a public nature. The court held that even such judgments are not conclusive proof of what they state.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… issued notices under exhibit P2964 by 37 companies which were referred in the statement of the accused A1 on 07-01-2009 covered by exhibit P2688 and all these circumstances proved that the accused A6 also played active role in the criminal conspiracy and cheating of M/s. SCSL, its share holders and investors." 40.Section 42 of the Indian Evidence Act, 1872 states: " 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. –– Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry; but such …
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… issued notices under exhibit P2964 by 37 companies which were referred in the statement of the accused A1 on 07-01-2009 covered by exhibit P2688 and all these circumstances proved that the accused A6 also played active role in the criminal conspiracy and cheating of M/s. SCSL, its share holders and investors." 40.Section 42 of the Indian Evidence Act, 1872 states: " 42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41. –– Judgments, orders or decrees other than those mentioned in section 41 are relevant if they relate to matters of a public nature relevant to the enquiry; but such …
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… Thus the judgments which were rendered by Forest Tribunal, High Court and Supreme Court under the 1971 Act are clearly relevant judgments within the meaning of Section 42 of the Indian Evidence Act and can be looked into as a piece of evidence for determining the issue. We are thus of the view that any enquiry or decision under Section 19 or Section 9(3) and 10(b), the judgments delivered in the context of plantation for personal cultivation etc are relevant and can be relied for in …
Questions about Section 42
What have the courts held on Section 42 of the Indian Evidence Act?
Vishnu Dutt Sharma vs Daya Sapra (05 May 2009) is the leading judgment on this section among those set out below: Provides relevance and effect of other judgments, orders or decrees of a public nature. The court held that even such judgments are not conclusive proof of what they state.
How do I find court cases under Section 42 of the Indian Evidence Act?
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: IEA 42, section 42 IEA, section 42 of the Indian Evidence Act. 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 Vishnu Dutt Sharma vs Daya Sapra (05 May 2009).
What should I read with Section 42 of the Indian Evidence Act, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BSA 36 (Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 42 of the Indian Evidence Act come into force?
Section 42 of the Indian Evidence Act, cited as IEA 42, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.