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The principle of section 38 of the Bharatiya Sakshya Adhiniyam, 2023 cannot be extended to which of the…

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act, 1872) lets a party show that a relevant judgment was delivered by a…

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The principle of section 38 of the Bharatiya Sakshya Adhiniyam, 2023 cannot be extended to which of the following?
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Answer and explanation

Correct answer A

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act, 1872) lets a party show that a relevant judgment was delivered by a court not competent to deliver it, or was obtained by fraud or collusion. "Misrepresentation or undue influence" is not one of these grounds, so the principle cannot be extended to it. Fraud and collusion are expressly covered, so the option treating all of them as outside the section is wrong.

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