Section 19 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
---
### Section 19: **Status of Confessions as Evidence**
Section 19 deals with the **relevance and evidentiary value of confessions** made by a person. It explains under what circumstances a confession made by an individual can be considered relevant and admissible in court, and when a person can rely on their own or others’ confessions as evidence.
---
### Key Points of Section 19:
1. **Confessions Made by a Person Are Relevant**
A confession made by a person is generally relevant and can be used as evidence against that person or their representative. This means if someone admits to something, that admission can be taken as proof against them in a court proceeding.
2. **A Person Cannot Prove Their Case by Their Own Confession, Except in Certain Situations**
Generally, a person **cannot use their own confession to prove a fact in their favor** (i.e., they cannot say, "I confessed this, so it must be true for me"). However, there are specific exceptions where such confessions are admissible:
* **Death of the Confessor**:
If the person who made the confession is dead, the confession may be relevant between third parties as well. For example, if the confessor has died, then the confession can be used as evidence in disputes between other parties related to that confession (this relates to Section 26 as well).
* **Confession Relating to Mental or Physical Condition**:
If the confession is about the person's own mental or physical condition that is disputed in the case, and the confession was made around the time the condition existed, and there is conduct supporting the truth of the confession (such that it’s unlikely to be false), it may be admissible.
* **Other Relevant Confessions**:
Confessions that clarify other relevant facts or help establish a fact at issue in the case can also be used as evidence.
---
### Examples to Illustrate Section 19:
* **Example 1:**
Suppose person A and person B are disputing whether a document is genuine or forged. If A says the document is genuine and B says it is forged, A can rely on B’s confession about the document being genuine, and vice versa, as evidence.
* **Example 2:**
A ship’s captain, A, is accused of sending the ship in the wrong direction. If A presents a logbook showing his daily observations, these entries are relevant and can be certified by A. If A were dead, these observations would be relevant between other parties too (per Section 26).
* **Example 3:**
If A is accused of a crime in Kolkata and submits a letter written on the same day in Chennai with a Chennai postmark, the confession regarding the letter's date is relevant and can be proven by A. If A were dead, this would also be relevant between others under Section 26.
* **Example 4:**
If A is accused of knowingly possessing stolen goods and tries to prove that he refused to sell them below market value, this refusal (confession) is relevant evidence and can be used.
* **Example 5:**
If A is accused of possessing counterfeit currency and proves that an expert examined the currency and declared it genuine, the expert’s confession (opinion) about the currency is relevant evidence.
---
### Purpose and Importance:
Section 19 clarifies the **scope and limits of confessions as evidence**. It ensures that:
* Confessions made by a person are taken seriously in court.
* People cannot misuse their own confessions to prove facts in their favor unless under specific exceptions.
* Courts have clear guidelines on when confessions can be admitted as evidence between parties, including third parties in some cases.
* This helps maintain fairness in judicial proceedings by preventing false or self-serving confessions from being misused.
---
RELATED Blog
0 comments