Evidence Act 1950 · Updated to 1 Nov 2017 · Chapter II
43. Judgments, etc., other than those mentioned in sections 40 to 42 when relevant
Feedback & supportJudgments, orders or decrees other than those mentioned in sections 40, 41 and 42 are irrelevant unless the existence of such judgment, order or decree is a fact in issue or is relevant under some other provision of this Act.
fact in issue
“fact in issue” means any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows; A is accused of the murder of B. At his trial the following facts may be in issue: that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A at the time of doing the act which caused B’s death was by reason of unsoundness of mind incapable of knowing its nature;
A and B separately sue C for a libel which reflects upon each of them. C in each case says that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case or in neither.
A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C.
fact
“fact” means and includes— (a) any thing, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious; (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact;
A prosecutes B under section 498 of the Penal Code for enticing away C, A’s wife.
B denies that C is A’s wife, but the court convicts B.
court
“court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;
Afterwards C is prosecuted for bigamy in marrying B during A’s lifetime.
C says that she never was A’s wife.
The judgment against B is irrelevant as against C.
A has obtained a decree for the possession of land against B. C, B’s son, murders A in consequence.
The existence of the judgment is relevant as showing motive for a crime.
A is charged with theft and with having been previously convicted of theft.
The previous conviction is relevant as a fact in issue.
A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under section 8 as showing the motive for the fact in issue.