BSA Section 34: Judgments of Courts when relevant Previous judgments relevant to bar a second suit or trial (formerly IEA 40)

Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024

BSA 34: Judgments of Courts when relevant Previous judgments relevant to bar a second suit or trial

From 1 July 2024

The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.

What it replaced in the Evidence Act

BSA 34 ← IEA 40 · Previous judgments relevant to bar a second suit or trialNo change

BPR&D's comparison records no change in the text, only a new number.

Printed in both official correspondence tables (BPR&D and NCRB).

The existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.

IEA 40 on its own page →

Which one applies

Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.

Read BSA section 170 →

Judgments decided under IEA 40

They remain the law on IEA 40. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.