Section 43 Indian Evidence Act

IEA 43 : Section 43 of the Indian Evidence Act:

Judgments, etc., other than those mentioned in sections 40 to 42, when relevant.—Judgments, 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 provisions of this Act. Illustrations

(a) 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.

(b) A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the court convicts B of adultery. 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.

(c) A prosecutes B for stealing a cow from him, B, is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant.

(d) 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. 1[(e) A is charged with theft and with having been previously convicted of theft. The previous conviction is relevant as a fact in issue.

(f) 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.] 

(1) Ins. by Act 3 of 1891, sec. 5.

India's Important Case Laws and Landmark Judgments on IEA - Section 43 Indian Evidence Act 1872:

Parma Nand vs Champa Lal And Ors. on 11 November, 1955 - Allahabad High Court 

Ramdhar vs Union Of India on 17 August, 1978 - Delhi High Court 

Fatten Lall vs Gujju Lall on 1 June, 1880 - Calcutta High Court 

Ennore Port Ltd. vs Hindustan Construction Co. Ltd. on 29 September, 2006 - Madras High Court 

Natibabu Khadka vs State Of Goa on 13 July, 1995 - Bombay High Court 

K.G. Premshanker vs Inspector Of Police And Anr on 12 September, 2002 - Supreme Court of India 

State Of Bihar vs Radha Krishna Singh & Ors on 20 April, 1983 - Supreme Court of India 

Ibne Hasan vs Smt. Hasina Bibi And Ors. on 31 January, 1984 - Allahabad High Court 

Abdul Latif Adam Momin vs Union Of India on 25 February, 2014 - Punjab-Haryana High Court  

Qazi Sharaf Ahmed vs Dau Singh on 26 March, 1996 - Rajasthan High Court