The Bharatiya Sakshya Adhiniyam, 2023

§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.

Old law ⇄ new law

Renumberedold law ⇄ new law

Old lawIEA §44Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved New lawBSA §38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

IEA §44 → BSA §38 per the official NCRB Sankalan table.

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Source & version

Official text: Gazette of India via MHA (official) ↗

Official Gazette text: The Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250882_english_01042024_0.pdf). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette-bbox parser on 2026-07-14. Automated parse; structural validation + spot verification; full clause-level proofread pending.

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