What Is BSA Section 19?

Bhartiya Sakshya Adhiniyam, 2023 - Section 19: Proof of admissions against persons making them, and by or on their behalf.

Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:

1. An admission may be proved by or on behalf of the person making it when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26;
2. An admission may be proved by or on behalf of the person making it when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable;
3. An admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission.

Illustrations:

1. The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
2. A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26.
3. A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.
4. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.
5. A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts.

Brief Detail

This section outlines the conditions under which admissions made by a party can be proved against them or their representatives. Key points include:

• Admissions can be proved against the person making them or their representative in interest.
• There are specific exceptions where the person making the admission can prove it, particularly concerning relevance and circumstances.
• The illustrations provide clarity on how these principles apply in various legal contexts.

Question & Answers

What are admissions according to Section 19?

Admissions are statements relevant to the case that can be proved against the person who makes them or their representative.

Under what conditions can an admission be proved by the person making it?

An admission can be proved if it meets certain criteria, such as being relevant as if the person were dead, pertaining to a state of mind, or relevant otherwise.

Can you give an example of an admission that can be proved?

If a captain (A) is on trial and produces a logbook showing the ship’s proper course, he can prove the entries even though they are admissions.

What is the significance of the illustrations provided in this section?

The illustrations clarify how admissions function in different scenarios, demonstrating the application of the law in practical situations.

Example

Example of an admission being proved:

A admits that he knows about a forged deed. This admission can be proved by others if it relates to the legitimacy of the deed.

Example involving state of mind:

A is accused of fraud, and he presents evidence that he sought expert advice on a transaction, indicating his uncertainty about the transaction's legitimacy.

Illustrative scenario of proving admissions:

If A, charged with a crime, produces a letter dated from a location away from the crime scene, this letter's date can be proven as an admission if it supports his claim.

Example related to receiving stolen goods:

A offers evidence that he refused to sell stolen goods below their value, which may be admissible to clarify his intent.

Summary

Section 19 of the Bhartiya Sakshya Adhiniyam, 2023 explains how admissions made by a party can be proved against them, detailing exceptions where the party can present their own admissions. The section emphasizes the relevance of these statements and includes illustrations that clarify how the principles apply in various legal scenarios.