Section 17 BSA 2023: Admissions by Persons Whose Position Must Be Proved Against a Party to Suit
Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 deals with statements made by a person whose position or liability must itself be proved against a party to a suit. In the circumstances specified by the section, such a statement is treated as an admission and becomes relevant.
Text of Section 17 of the Bharatiya Sakshya Adhiniyam, 2023
17. Admissions by persons whose position must be proved as against party to suit. Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.
Illustration. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.
What Section 17 Means
Section 17 applies where the legal or factual position of one person, or that person's liability, has to be established in order to determine a case against another party. A statement made by that person may qualify as an admission when two conditions are satisfied: the statement would have been relevant against the maker in a case concerning that position or liability, and it was made while the maker actually occupied that position or remained subject to that liability.
Meaning of "admission" under the BSA
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 defines an admission as a statement, oral, documentary or contained in electronic form, which suggests an inference as to a fact in issue or relevant fact and which is made by specified persons and in specified circumstances. Section 17 identifies one of those circumstances.
Essential Conditions Under Section 17
- The position or liability of the person making the statement must be necessary to prove against a party to the suit.
- The statement must relate to that position or liability.
- The statement must be of a kind that would be relevant against the maker in a suit brought by or against that person.
- The statement must have been made while the maker still occupied the relevant position or remained subject to the relevant liability.
How the Statutory Illustration Works
In the illustration, A is responsible for collecting rent for B. B alleges that A failed to collect rent from C. Whether C actually owed rent to B becomes important to A's liability. C's own statement that he owed rent to B is therefore relevant as an admission in the dispute between B and A, provided the statutory requirements are met.
Relationship With Nearby BSA Provisions
Section 17 should be read with the surrounding provisions on admissions. Section 16 concerns admissions by parties to a proceeding and their agents, while Section 18 deals with statements made by persons expressly referred to by a party for information on a matter in dispute. Section 19 governs proof of admissions against the persons making them and the limited situations in which admissions may be proved by or on their behalf.
Related Sections
This page is intended for general legal information. For application to a particular dispute, the complete statutory scheme, procedural law and relevant judicial decisions should be considered.