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BSA Section 38 in the Evidence Act
Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved, takes the place of Evidence Act Section 44.
BSA 38 and the Evidence Act
| BSA | Evidence Act | Evidence Act heading |
|---|---|---|
| 38 | 44 | Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. |
Which code applies
The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. An application, trial, inquiry, investigation, proceeding or appeal already pending on that date is dealt with under the Indian Evidence Act.
“Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement”
Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.
Sources
Section numbers follow the correspondence table prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023 as published, and from the table. The official text governs: read the section itself before you rely on it.
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