Section 43

Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.

The Indian Evidence Act, 1872

  • Act 1 of 1872
  • Ministry of Law and Justice
  • Legislative Department
All sections
    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 be libellous is true, and the circumstances are such that it is probably true in each case, or in neither.
     A obtains a decree against C for damages on the ground that C failed to 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 As wife, but the Court convicts B of adultery.
     Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime.
     C says that she never was A's wife.
     The judgment against B is irrelevant as against C.
     (c) A prosecutes B for stealing a cow from him. B is convicted.
     A afterwards sues C for the cow, which B had sold to him before his conviction. A's between A and C, the judgment against B is irrelevant.
     (d) A has obtained a decree for the possession of land against B. C, B's son, murders A in consequence.
     The existence of the judgment is relevant, as showing motive for a crime.
    1[(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.]

Notes

1. Ins. by Act 3 of 1891, s. 5.

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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