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

Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024.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

Now in the BSA section 38 (Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved)

In plain words

Any party can show that a judgment, order or decree relevant under sections 40, 41 or 42 and proved by the other side was given by a court not competent to give it, or was obtained by fraud or collusion.

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

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.

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 44