Indian Evidence Act,1872
Act No : 1
Section : JUDGEMENT, ETC., OTHER THAN THOSE MENTIONED IN SECTIONS 40 TO 42, WHEN RELEVANT
SECTION 43: JUDGEMENT, ETC., OTHER THAN THOSE MENTIONED IN SECTIONS 40 TO 42, WHEN RELEVANT
Judgements, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgement, 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 A’s 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 judgement 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. As between A and C, the judgement against B is irrelevant.
(d) A has obtained a decree for the possession of land against B, C, B’s son, murders A is consequence.
The existence of the judgement is relevant, as showing motive for a crime.
29[(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.
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