सं Samvidhan

Bharatiya Sakshya Adhiniyam, 2023

Section 36

Relevancy and effect of judgments, orders or decrees, other than those mentioned in

Why this exists

Courts often need to decide facts about public rights — like whether a road, riverbank, or market is open to everyone. Such facts get tested repeatedly in different lawsuits involving different people. This provision lets earlier court decisions on these public questions be considered as relevant background evidence, recognizing that a community's understanding of its own public spaces builds up over multiple cases, while still protecting people who weren't party to the earlier case from being bound by a decision they had no chance to argue against.

How courts read it

This rule descends from Section 42 of the old Indian Evidence Act, 1872, and Indian courts have long held that such judgments are admissible as relevant facts showing general reputation or repute about a public right, but they are never treated as final or binding proof against someone who was not a party to that earlier case. Courts have emphasized that the weight given to such judgments depends on factors like how many people have accepted the earlier decision and whether it has stood unchallenged over time.

Common misconceptions
  • Myth: If a court already ruled on a public matter once, that same ruling automatically applies and wins any future case about it.
    Fact: The law explicitly says such judgments are not conclusive proof — they're just relevant evidence that the new court can weigh along with everything else.
  • Myth: This rule applies to all past judgments in every kind of case.
    Fact: It specifically applies to judgments relating to matters of a public nature (like public rights of way, tolls, or customs), not to private disputes between individuals.