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Bharatiya Sakshya Adhiniyam, 2023

Section 38, BSA: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Pundora · Published 3 October 2026

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.

What it replaces

BSA provisionEvidence Act provisionRelation
Section 38Section 44corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.

The 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 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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Sakshya Adhiniyam, 2023, section 38 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.