Law4u - Made in India

What Is BSA Section 21?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pritam Das

Advocate Pritam Das

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, RERA, Banking & Finance, Child Custody

Get Advice
Advocate Sunil Mishra

Advocate Sunil Mishra

Anticipatory Bail, Cheque Bounce, Breach of Contract, Court Marriage, Criminal, Civil, Family, Arbitration, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Wills Trusts, Revenue, Consumer Court, Corporate, Child Custody, Domestic Violence, Divorce, Documentation

Get Advice
Advocate Usman Ali

Advocate Usman Ali

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Domestic Violence, Family, Media and Entertainment, Muslim Law

Get Advice
Advocate Prafulla Kumar Gautam

Advocate Prafulla Kumar Gautam

Bankruptcy & Insolvency, Breach of Contract, Child Custody, Civil, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue, Anticipatory Bail

Get Advice
Advocate Nidhi Mishra

Advocate Nidhi Mishra

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, NCLT, Property, R.T.I, Startup, Succession Certificate, Wills Trusts

Get Advice
Advocate Dase Gowda

Advocate Dase Gowda

Revenue, Divorce, Anticipatory Bail, Domestic Violence, Property

Get Advice
Advocate Bhawani Singh

Advocate Bhawani Singh

Cyber Crime, Criminal, High Court, Motor Accident, Cheque Bounce, Family, Revenue

Get Advice
Advocate Saurabh Singh

Advocate Saurabh Singh

Anticipatory Bail, Corporate, Court Marriage, Criminal, Family, High Court, Cyber Crime, Cheque Bounce

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.