Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 16: Admission by party to proceeding or his agent.
(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
(2) Statements made by—
- (i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or
- (ii)
- (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or
- (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
Brief Detail
This section outlines the rules regarding admissions in legal proceedings under the Bhartiya Sakshya Adhiniyam, 2023. It specifies that:
- Admissions can be made by a party or their agent if authorized by the court.
- Certain statements made by parties in a representative capacity do not count as admissions unless made while holding that capacity.
- Statements made by individuals with a vested interest in the subject matter are considered admissions, provided these statements are made during the period of their interest.
Question & Answers
What is defined as an admission under Section 16?
Admissions are statements made by a party or their authorized agent in legal proceedings.
Are statements made by representatives considered admissions?
No, unless they are made while the representative holds that character.
Who else can make statements that are considered admissions?
Individuals with proprietary or pecuniary interest in the subject matter, and those from whom the parties have derived their interest, provided the statements are made during their interest.
When do statements by interested parties count as admissions?
They count as admissions if made during the continuance of their interest in the subject matter.
Example
Example of an admission by a party:
If a plaintiff states, I owe the defendant the amount claimed, this is an admission.
Example of a representative statement:
A company director making a statement about company debts while representing the company; this counts as an admission only if made in that capacity.
Example of a statement by an interested person:
A partner in a business making a statement regarding the business's financial obligations while they are still a partner; this is an admission.
Summary
Section 16 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that admissions in legal proceedings can be made by parties or their agents if authorized. It distinguishes between statements made by representatives and those made by individuals with a vested interest, emphasizing that admissions must occur during the relevant period of interest.
