Section 18 BSA 2023: Admissions by Persons Expressly Referred to by Party to Suit
Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with a specific kind of admission. If a party to a suit expressly refers another person to someone for information about a matter in dispute, the statement made by that referred person may itself amount to an admission.
Statutory text of Section 18
18. Admissions by persons expressly referred to by party to suit.
Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
Illustration under Section 18
The question is whether a horse sold by A to B is sound.
A says to B: "Go and ask C, C knows all about it". C's statement is an admission.
Meaning and scope of Section 18 BSA
The provision applies where a party does more than merely identify a possible witness or source. The party must expressly refer to another person for information concerning a matter that is actually in dispute. Once that express reference is established, the statement made by the person referred to can be treated as an admission for the purpose of the evidentiary rule.
In practical terms, the section recognizes that a party who deliberately adopts another person as a source of information on a disputed point may be bound evidentially by what that person says on that point.
Essential requirements
- There must be a suit and a matter in dispute between the parties.
- A party to the suit must expressly refer to another person for information.
- The reference must relate to the disputed matter.
- The statement relied upon must be made by the person to whom the party expressly referred.
- When these requirements are met, the statement is treated as an admission under Section 18.
Section 18 and the old Indian Evidence Act, 1872
| Current provision | Earlier provision | Subject |
|---|---|---|
| Section 18, Bharatiya Sakshya Adhiniyam, 2023 | Section 20, Indian Evidence Act, 1872 | Admissions by persons expressly referred to by a party to the suit |
The wording and illustration of Section 18 BSA substantially carry forward the rule that appeared in Section 20 of the Indian Evidence Act, 1872.
Which law applies to older pending proceedings?
Section 170 of the Bharatiya Sakshya Adhiniyam repeals the Indian Evidence Act, 1872, but preserves the old Act for an application, trial, inquiry, investigation, proceeding or appeal that was already pending immediately before the BSA came into force. Therefore, the applicable evidentiary provision can depend on when the proceeding became pending.
Official legal sources
Readers can verify the Act and its commencement through the official India Code entry for the Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs page on the new criminal laws. The commencement notification dated 23 February 2024 appointed 1 July 2024 as the date on which the BSA came into force.
Frequently asked questions
What does Section 18 of the BSA provide?
It provides that statements made by a person to whom a party to the suit has expressly referred for information concerning a matter in dispute are admissions.
What is the corresponding provision in the Indian Evidence Act, 1872?
The corresponding provision was Section 20 of the Indian Evidence Act, 1872.
When did the Bharatiya Sakshya Adhiniyam, 2023 come into force?
It came into force on 1 July 2024.
Last updated: 12 September 2026. This page is intended for general legal information and should be read with the latest official statutory text and applicable judicial decisions.