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Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Judgments of courts of justice when relevant

Section 42: Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BSA section 36 (Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35)

In plain words

Other judgments, orders or decrees are relevant if they relate to matters of a public nature relevant to the inquiry, but they are not conclusive proof of what they state.

Example: A sues B for trespass and B claims a public right of way. A decree in an earlier suit by A against C upholding the same right of way is relevant but not conclusive.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 42