Bharatiya Sakshya Adhiniyam, 2023
Section 38, BSA: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
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 provision | Evidence Act provision | Relation |
|---|---|---|
| Section 38 | Section 44 | corresponds |
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
- India Code: Bharatiya Sakshya Adhiniyam, 2023, section 38 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)