Site navigation

Under Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, evidence of Judgement, order or decree can…

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act) allows a party to show that a judgment, order or decree relevant under…

Choose your answer

Under Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, evidence of Judgement, order or decree can be challenged on the ground of:

Select one answer
Answer and explanation

Correct answer D

Section 38 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 44 of the Indian Evidence Act) allows a party to show that a judgment, order or decree relevant under sections 34–36 was delivered by an incompetent court or obtained through fraud or collusion. Each listed defect is therefore recognized; the choices confined to only one ground are incomplete. This provision permits proof of the specified defect rather than making every unfavourable judgment open to collateral retrial.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic