Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Judgments of Courts when relevant
Section 38: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
In plain words
A party can show that a judgment, order or decree proved against them under sections 34, 35 or 36 was given by a court that had no competence to give it, or was obtained by fraud or collusion.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 38
No Supreme Court judgment in our database cites this section yet.