Section 38

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

The Bharatiya Sakshya Adhiniyam, 2023

  • Act 47 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

All sections

Chapter II: Relevancy of facts Sections 3 to 50

    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 delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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