43. Judgment etc, other than those mentioned in Section 40 to 42 when relevant.
Judgments, orders or decrees other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant, under some other provision of this Act.
Illustrations–
(a) A and B separately sue C for a libel which reflects upon each of them C in each case says that the matter alleged to libellous is true and the circumstances are such that it is probable true in each case, or in neither.
A obtains a decree against C for damages on the ground that C filed The Orient Tavern make out his justification. The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A’s wife.
B denies that C is A’s wife, but the court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime. CC says that she never was A’s wife.
The judgment against B is irrelevant as against C.
(c) A prosecuted B for stealing a cow, from him, B is convicted.
The existence of the judgment is relevant, as showing motive for a crime.
A, afterwards, sues C for cow. Which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against A,C,B’s son murders A in consequence.
(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under Section 8 as showing the motive for the fact in issue.
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- Section 25 BNS (Bharatiya Nyaya Sanhita) - 20th February 2026
- Section 26 BNS (Bharatiya Nyaya Sanhita) - 20th February 2026
- Section 27 BNS (Bharatiya Nyaya Sanhita) - 20th February 2026
