Bharatiya Sakshya Adhiniyam, 2023
Section 36
Relevancy and effect of judgments, orders or decrees, other than those mentioned in
Judgments, orders or decrees other than those mentioned in section 35 are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not conclusive proof of that which they state. Illustration. A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
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.