Section 17 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 — Explanation
What does Section 17 say?
Section 17 deals with the admissibility of statements made by certain persons regarding their position or liability in a legal proceeding. Essentially, it allows the court to accept as evidence any statement made by a person about their own role, duty, or liability related to the case, provided certain conditions are met.
Key Points of Section 17:
Who does it apply to?
This section applies to individuals who have a specific position, role, or liability related to the matter in dispute. For example, this could be someone who is responsible for collecting rent, managing property, or handling accounts.
Type of statements covered:
The statements must relate to the person’s position, duty, or liability in the context of the case. For example, if the case involves whether a tenant owes rent, a statement made by the person responsible for collecting that rent is relevant.
When are such statements admissible?
The statements are admissible (can be accepted as evidence in court) if they are relevant to proving the person’s position or liability, and if the statement was made while the person was actually in that position or under that liability.
Purpose:
The main purpose is to allow the court to rely on statements made by people whose role or duty is directly connected to the matter, especially when such statements help establish facts about the person’s responsibilities or liabilities.
Example to Illustrate:
Suppose Person A is responsible for collecting rent on behalf of Person B.
Now, if there is a legal dispute where Person B sues Person A for failing to collect rent from Person C, and Person A denies that Person C owed any rent to Person B,
If Person C states that they used to pay rent to Person B, then according to Section 17, this statement by Person C about the rent payment would be admissible against Person A (even though Person A denies it).
This is because the statement is related to the position/liability (rent payment) and helps prove the facts relevant to the case.
Why is this Important?
It helps in proving responsibilities and liabilities by relying on relevant statements of persons directly connected with the matter.
It prevents denial of facts that are supported by credible statements from persons in a relevant position.
It facilitates justice by allowing relevant evidence that would otherwise be difficult to admit.
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