Question

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

A is irrelevant as against C under section 41 of the Indian Evidence Act 1872 Correct Answer Incorrect Answer
B is relevant as against C under section 41 of the Indian Evidence Act 1872 Correct Answer Incorrect Answer
C is irrelevant as against C under section 43 of the Indian Evidence Act 1872 Correct Answer Incorrect Answer
D is relevant as against C under section 43 of the Indian Evidence Act 1872 Correct Answer Incorrect Answer

Solution

Section 43 of 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.

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