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Section 19 BSA 2023: Proof of Admissions Against Persons Making Them, and by or on Their Behalf

Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the general rule governing when an admission may be proved against the person who made it and the limited situations in which that person may rely on his or her own admission.

Act: Bharatiya Sakshya Adhiniyam, 2023 Act No. 47 of 2023 In force from 1 July 2024 Chapter II: Relevancy of Facts
Correct legal reference: Section 19 belongs to the Bharatiya Sakshya Adhiniyam, 2023. It is an evidence-law provision dealing with admissions. It should not be described as a provision of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Meaning and scope of Section 19

An admission is a statement that the law treats as relevant in the circumstances specified by the BSA. Section 19 addresses the proof of such admissions. Its central rule is that an admission may ordinarily be proved against the person who made it, or against that person's representative in interest.

The same person ordinarily cannot prove his or her own admission in support of his or her case. Section 19 then creates three specific exceptions to that restriction.

Section 19 in brief:
  • An admission is relevant and may be proved against its maker or the maker's representative in interest.
  • As a general rule, a person cannot rely on his or her own admission merely because it is self-serving.
  • The maker may prove the admission in the three situations expressly set out in clauses (1), (2) and (3).
  • Clause (1) expressly connects Section 19 with Section 26 of the BSA, which deals with specified statements made by persons who are dead, cannot be found, or otherwise cannot be called in the circumstances stated in that provision.

Statutory text of Section 19

19. Proof of admissions against persons making them, and by or on their behalf. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:-

(1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26;

(2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable;

(3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

Illustrations

(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26.
(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day.
The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.
(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts.

The three exceptions explained

1. Statement independently relevant under Section 26

The maker may prove an admission if the statement is of such a nature that it would be relevant between third persons under Section 26 if the maker were dead. The exception therefore depends on the statement having an independent basis of relevancy under Section 26.

2. Statement about an existing state of mind or body

A person may prove his or her own statement about a relevant state of mind or body when it was made at or about the time that condition existed and was accompanied by conduct making falsehood improbable. The timing of the statement and the surrounding conduct are therefore important.

3. Statement relevant on another legal basis

A statement may also be proved by its maker when it is relevant for a reason other than merely being an admission. This prevents the general restriction on self-serving admissions from excluding a statement that is independently relevant under another provision or principle of the BSA.

Practical effect of Section 19

Section 19 distinguishes between using an opponent's admission and trying to rely on one's own earlier statement. The provision generally permits the former, while restricting the latter unless one of the stated exceptions applies. In practice, the court must consider both the identity of the person who made the statement and the legal basis on which the statement is sought to be proved.

Official legal resources

For the authoritative enactment and current statutory arrangement, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws page.