​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Relevancy and Effect of Judgments, Orders or Decrees, Other Than Those Mentioned in Section 35 (Section 36)
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1. Basic Principle of Section 36Under Section 36 of the Bharatiya Sakshya Adhiniyam, the law provides that:
Judgments, orders, or decrees (other than those covered under Section 35) are relevant if they relate to matters of a public nature relevant to the inquiry.
However:
👉 Such judgments are not conclusive proof
👉 They only act as evidence, requiring further supporting proof

2. Scope of the Provision

• Applies to judgments relating to public rights or matters affecting the community
• These judgments:
  • Are admissible as evidence
  • Do not bind the court conclusively

Public Nature Includes

• Right of way
• Local customs
• Community rights (e.g., succession, pre-emption)

3. Illustration ExplainedRight of Way Example

• A sues B for trespass
• B claims a public right of way
• B produces a previous judgment supporting that right

👉 Result:

• ✔ Judgment is relevant
• ❌ Not conclusive proof

👉 Court must still independently verify the right

4. Key Distinction (Sections 34, 35 vs Section 36) – Note FormSection 34 (Judgment in Rem)

• Applies to:
  • Legal status (e.g., marriage, insolvency, probate)
• Nature:
  • Conclusive proof
• Effect:
  • Binding on all persons (not just parties)

Section 35 (Certain Public Judgments)

• Applies to:
  • Judgments relating to public matters
• Nature:
  • Conclusive proof
• Effect:
  • Court must accept as final

Section 36 (Current Section)

• Applies to:
  • Judgments relating to public nature
• Nature:
  • Relevant but NOT conclusive
• Effect:
  • Only persuasive evidence
  • Requires corroboration

5. Modes of Proving Public Rights (e.g., Right of Way)Public rights may be proved through:

• Government records
  (e.g., settlement maps showing pathways)
• Previous judgments
  (admissible under Section 36 as evidence)
• Documents or transactions
  showing recognition or exercise of the right
• Opinion evidence
  (under Section 42 – persons likely to know the right)

6. Key Legal Principle👉 Judgments under Section 36 are admissible as evidence but do not conclusively establish the rights they refer to.

7. Purpose of Section 36

• Allows courts to consider:
  • Prior recognition of public rights
• But ensures:
  • Final decision is based on independent evaluation

8. Key Takeaways

• Section 36 deals with public nature judgments
• Such judgments are:
  • ✔ Relevant
  • ❌ Not conclusive
• They serve as:
  • Supporting evidence only

One-Line Summary👉 Judgments relating to matters of public nature are relevant but not conclusive, and must be supported by independent evidence.