What is BSA Section 38?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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 sections 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.

Brefe Detail

Section 38 of the Bhartiya Sakshya Adhiniyam, 2023, allows any party involved in a legal proceeding to challenge the validity of a judgment, order, or decree that has been presented by the opposing party. This can be done by proving that the judgment was rendered by an incompetent court or that it was obtained through fraudulent means or collusion.

Question & Answers

Q1: What does Section 38 allow a party to do?

A1: It allows a party to show that a judgment, order, or decree presented by the adverse party was delivered by an incompetent court or obtained by fraud or collusion.

Q2: Which sections are referenced in this context?

A2: The relevant sections referenced are 34, 35, and 36.

Q3: What types of issues can be challenged under Section 38?

A3: A party can challenge the competency of the court that issued the judgment or claim that the judgment was obtained through fraud or collusion.

Q4: Who can invoke the provisions of Section 38?

A4: Any party to a suit or other legal proceeding can invoke the provisions of Section 38.

Example

In a legal dispute, Party A presents a judgment from a lower court as evidence. Party B can challenge this judgment by demonstrating that the lower court was not competent to make such a ruling or that Party A engaged in fraudulent behavior to secure the judgment.

Summary

Section 38 of the Bhartiya Sakshya Adhiniyam, 2023, empowers parties in legal proceedings to contest the validity of judgments that are presented by the opposing side. This section emphasizes the importance of judicial competency and the integrity of the legal process by allowing challenges based on fraud or collusion.