Indian Evidence Act, 1872

Section 44

Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

⚡ Quick Answer Reference: Section 44 IEA

Provision: Section 44 of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: This section allows a party to a suit to prove that a judgment, order, or decree was delivered by an incompetent court or obtained through fraud or collusion.

Statutory Content

What does Section 44 of IEA say?

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41 or 42 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.

Indian StandardSection 44, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 44 (India)

Court Pleading StandardSection 44 of the Indian Evidence Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 44 of IEA mean?

Plain English Explanation

This section allows a party to a suit to prove that a judgment, order, or decree was delivered by an incompetent court or obtained through fraud or collusion.

Practical Interpretation

In practice, this section operates by enabling parties to challenge the validity of judgments, orders, or decrees that may have been improperly obtained, ensuring fairness and justice in legal proceedings.

Core Legal Purpose

The core purpose of this section is to prevent the misuse of judicial processes and ensure that judgments are based on legitimate and lawful grounds, thereby upholding the integrity of the legal system.

Key Legal Elements

•The judgment, order, or decree must be relevant under sections 40, 41, or 42.
•The party must prove that the judgment, order, or decree was delivered by a court not competent to deliver it, or was obtained by fraud or collusion.
•The key legal test is whether the court was competent to deliver the judgment, order, or decree, and whether fraud or collusion was involved in obtaining it.
•The key exception is that this section only applies to judgments, orders, or decrees that have been proved by the adverse party.

Practical Example

Practical Example of Section 44 IEA

For example, Rajesh, a defendant in a civil suit, discovers that the plaintiff, Priya, had bribed the judge to obtain a favorable judgment. Rajesh can use this section to challenge the judgment, proving that it was obtained through fraud and collusion, and thereby rendering it invalid.

Common Questions (FAQ)

Frequently Asked Questions about Section 44 IEA

Q: What is the punishment or consequence under Section 44 of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any party to a suit or other proceeding, which can include both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is not related to criminal offences, and therefore, the concepts of bailable or cognizable do not apply.

Common Questions about Section 44 IEA

What is Section 44 of IEA?

Section 44 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved". In plain terms: This section allows a party to a suit to prove that a judgment, order, or decree was delivered by an incompetent court or obtained through fraud or collusion.

What are the elements of Section 44 of IEA?

The essential elements of Section 44 of IEA are: The judgment, order, or decree must be relevant under sections 40, 41, or 42.; The party must prove that the judgment, order, or decree was delivered by a court not competent to deliver it, or was obtained by fraud or collusion.; The key legal test is whether the court was competent to deliver the judgment, order, or decree, and whether fraud or collusion was involved in obtaining it..

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