SECTION 38 – Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.

The Bharatiya Sakshya Adhiniyam, 2023

SECTION 38

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

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