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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, 35 and 36, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant underRead…

38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 34, 35 or 36, and which has been proved by the adverse party, was deliveredRead…

Opinions of third persons when relevant 39. Opinions of experts. (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of personsRead…

40. Facts bearing upon opinions of experts. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations: (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisonedRead…

41. Opinion as to handwriting and signature, when relevant. (1) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be writtenRead…

42. Opinion as to existence of general custom or right, when relevant. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know ofRead…

43. Opinion as to usages, tenets, etc., when relevant. When the Court has to form an opinion as to: (i) the usages and tenets of any body of men or family; (ii) the constitution and governance of any religious or charitable foundation; or (iii) the meaning of words or termsRead…

44. Opinion on relationship, when relevant. When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special meansRead…

45. Grounds of opinion, when relevant. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration: An expert may give an account of experiments performed by him for the purpose of forming his opinion. Get the new BSA PDFRead…

Character when relevant 46. In civil cases character to prove conduct imputed, irrelevant. In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from factsRead…

47. In criminal cases previous good character relevant. In criminal proceedings the fact that the person accused is of a good character, is relevant. Get the new BSA PDFRead…

48. Evidence of character or previous sexual experience not relevant in certain cases. In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the BharatiyaRead…

49. Previous bad character not relevant, except in reply. In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1: This section does not apply to cases inRead…

50. Character as affecting damages. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant. Explanation: In this section and sections 46, 47 and 49, the word “character” includes both reputation and disposition;Read…

PART III ON PROOF CHAPTER III – FACTS WHICH NEED NOT BE PROVED 51. Fact judicially noticeable need not be proved. No fact of which the Court will take judicial notice need be proved. Get the new BSA PDFRead…

52. Facts of which Court shall take judicial notice. (1) The Court shall take judicial notice of the following facts, namely: (a) all laws in force in the territory of India including laws having extra-territorial operation; (b) international treaty, agreement or convention with country or countries by India, or decisionsRead…