Section 16 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 16: Admissions by a Party or Their Agent
This section deals with statements made by a party involved in a legal proceeding or by their authorized agent and how such statements are treated as admissions (i.e., accepted as evidence against the party).
Key Points of Section 16:
Statements by the Party or Their Agent:
If a party involved in a case makes a statement, or if their agent makes a statement on their behalf, such a statement is considered an admission.
The agent’s authority to make such statements can be explicit or implied, and the court decides based on the circumstances whether the agent was authorized.
Statements in Representative Capacity:
Sometimes a party may act in a representative capacity, such as a trustee or executor of an estate.
Statements made by the party in that representative role are not considered admissions unless the statement is directly related to their capacity as a representative.
In other words, if a party is involved in a case both personally and as a representative, only statements related to their role as a representative fall under this exception.
Statements by Persons with an Interest:
Individuals who have a financial or proprietary interest in the subject matter of the case, and who make statements relating to that interest, are also covered under this section.
Such statements are treated as admissions as long as the person continues to have that interest.
Statements by Persons from Whom a Party Derived an Interest:
Sometimes a party’s interest in the subject matter of the case is derived from someone else.
Statements made by those persons (from whom the party obtained the interest) are treated as admissions, provided the interest remains valid.
Purpose and Implications:
The main goal of Section 16 is to clarify when statements made by parties or related persons are admissible as admissions — i.e., statements that can be used as evidence against the party making them.
It ensures the court recognizes statements made by a party or their authorized agent as relevant evidence, but it also carefully limits this to avoid unfair prejudice by excluding statements unrelated to their role or interest.
This balances the need for truthful evidence with fairness to the parties involved.
Summary:
Who? Statements by a party, their agent, persons with an interest, or persons from whom the party derives an interest.
When? Statements made in relation to the case, the party’s role, or interest.
What? These statements are considered admissions (evidence against the party).
Exceptions: Statements unrelated to their role or when the interest no longer exists are not admissions.
RELATED Blog
0 comments