What Is BSA Section 21?

Bhartiya Sakshya Adhiniyam, 2023 - Section 21: Admissions in civil cases when relevant.

In civil cases, no admission is relevant if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

Explanation: Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.

Brief Detail

This section specifies the conditions under which admissions in civil cases are considered relevant. Key points include:

• Admissions made under an express condition that they cannot be used as evidence are not relevant.
• If parties agree that certain admissions should not be evidenced, these are also not considered relevant.
• The section clarifies that advocates cannot be exempt from providing evidence as required under specific provisions of the law.

Question & Answers

When is an admission in a civil case considered irrelevant?

An admission is irrelevant if made under an express condition that it cannot be evidenced or if the parties agreed that it should not be used as evidence.

What is the implication of an express condition regarding admissions?

If an admission is made with a condition that it will not be presented in court, it cannot be considered relevant.

Can advocates be exempt from giving evidence of admissions?

No, this section does not exempt advocates from giving evidence they are compelled to provide under specific legal provisions.

What does the explanation in this section highlight?

The explanation emphasizes that advocates must still provide evidence as required by law, despite the general rule about admissions.

Example

Example of an irrelevant admission:

If two parties discuss a settlement and one says, This cannot be used as evidence, that statement is not relevant in court.

Example involving an advocate:

If an advocate learns of a client's admission that is relevant to a case, they cannot refuse to testify about it if compelled by law.

Illustrative scenario:

In negotiations, if a party states, I admit to this fact, but you can't use it in court, that admission will not hold relevance in civil proceedings.

Summary

Section 21 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the relevance of admissions in civil cases. It states that admissions made with conditions preventing their use as evidence or through mutual agreement between parties are not relevant. Additionally, it clarifies that advocates cannot be exempted from providing evidence as required by law.