Section 291 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 291 — Relevancy and Admissibility of Admissions in Civil Cases
What is the core focus of Section 291?
Section 291 deals with how admissions made by parties in civil proceedings are considered relevant and can be used as evidence.
Key Concepts
1. Admission Defined
An admission is a statement or acknowledgment by a party that accepts or concedes a fact relevant to the dispute.
It may be expressed verbally, written, or implied by conduct.
It is typically something that works against the interest of the party making it.
2. Relevance of Admission
For an admission to be relevant, it must pertain directly to a fact or issue involved in the civil case.
The admission should help establish or disprove an important point in the dispute.
For example, admitting failure to deliver goods is relevant in a contract dispute about delivery.
3. Admissibility
Once an admission is relevant, it is generally admissible as evidence.
This means the party opposing the one who made the admission can present it to the court to support their case.
Admissions carry significant weight because people usually do not admit things that harm their position unless true.
4. Effect of Admission
Admissions can sometimes simplify or shorten the trial by removing the need to prove certain facts.
They help the court to ascertain the truth efficiently.
Admissions against one’s own interest are considered trustworthy evidence.
Detailed Explanation Through Example
Consider a civil dispute involving a sale agreement:
The buyer sues the seller claiming the seller did not deliver the goods on time.
The seller had sent a written message admitting the delay in delivery.
Under Section 291, this admission is relevant because it deals with a fact central to the dispute.
The admission is admissible and can be used by the buyer to prove breach of contract.
The court can rely on this admission, reducing the need for other evidence about delivery timing.
Why is Section 291 Important?
It encourages parties to be truthful by recognizing the weight of their own admissions.
It streamlines litigation by accepting straightforward statements as proof of fact.
It reduces the burden on courts and litigants by narrowing down contested issues.
Summary of Section 291 Principles
| Principle | Explanation |
|---|---|
| Admission Defined | Statements by a party acknowledging relevant facts against their interest |
| Relevance | Admission must relate directly to the dispute’s facts or issues |
| Admissibility | Relevant admissions are allowed as evidence against the party who made them |
| Effect | Simplifies proof and enhances credibility of opposing party’s claims |
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