Section 15 BSA 2023: Admission Defined
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 defines an "admission" for the law of evidence. The definition expressly includes statements made orally, in documents, or in electronic form.
Text of Section 15 - Admission defined
15. Admission defined. An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
Meaning of admission under Section 15
Section 15 lays down the basic statutory definition of an admission. A statement can qualify as an admission when it has a bearing on a fact in issue or on another relevant fact and is made by a person, and in circumstances, recognised by the succeeding provisions of the Act.
The provision is deliberately broad as to the form of the statement. It covers:
- oral statements;
- documentary statements; and
- statements contained in electronic form.
Electronic statements are expressly covered
The Bharatiya Sakshya Adhiniyam, 2023 expressly recognises admissions contained in electronic form. This is consistent with the Act's wider treatment of electronic and digital records as documents and evidence, subject to the applicable rules governing relevancy, proof and admissibility.
How Section 15 works with Sections 16 to 25
Section 15 gives the general definition. The provisions that follow explain whose statements may amount to admissions, when they may be proved, and the legal effect of admissions in particular situations.
- Section 16 deals with admissions by a party to a proceeding, an authorised agent and certain other interested persons.
- Section 17 concerns statements by persons whose position or liability must be proved against a party.
- Section 18 covers statements by persons expressly referred to by a party for information on a disputed matter.
- Section 19 governs proof of admissions against the persons making them and the limited circumstances in which they may be proved on their behalf.
- Section 20 addresses oral admissions concerning the contents of documents.
Related provisions
For context, Section 14 deals with the relevance of a course of business. Section 15 begins the group of provisions dealing with admissions, followed by Sections 16 onward.