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Section 20 BSA 2023: When Oral Admissions as to Contents of Documents Are Relevant

Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 regulates when an oral statement about what a document contains can be treated as relevant evidence. The general rule is restrictive: the document itself, or legally permissible secondary evidence of its contents, should ordinarily be proved instead of relying only on an oral account of what the document says.

Text of Section 20 of the Bharatiya Sakshya Adhiniyam, 2023

Meaning and scope of Section 20

Section 20 deals with a specific type of admission: an oral statement describing, acknowledging or referring to the contents of a document. Such an oral admission is ordinarily not relevant merely because a person says what the document contained.

The provision recognises two situations in which an oral admission about the contents of a document may become relevant:

1. Secondary evidence is legally permissible: the party first establishes that the law allows secondary evidence of the contents of that document.
2. The genuineness of the produced document is disputed: an oral admission may be relevant where the question before the Court concerns whether the document produced is genuine.

What is a "document" under the BSA?

Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023 gives a broad meaning to the term "document". It covers matter expressed, described or otherwise recorded on any substance by letters, figures, marks or other means for recording that matter, and expressly includes electronic and digital records.

Therefore, Section 20 is not limited to conventional paper documents. Depending on the facts and the applicable proof requirements, it can also be relevant to electronic and digital material such as emails, computer documents, smartphone records, messages, websites, server logs and voice-mail records.

Relationship with the law of admissions

Section 20 appears in the group of provisions on admissions. Section 15 defines an admission, while Sections 16 to 19 deal with persons whose statements may amount to admissions and the circumstances in which admissions may be proved. Section 20 then places a special restriction on oral admissions concerning the contents of documents.

In other words, even where a statement might otherwise qualify as an admission, additional rules apply if the statement is being relied upon to prove what a document contained.

Why Section 20 requires proof of entitlement to secondary evidence

Documentary evidence is normally proved through the document itself or through another legally recognised mode of proof. The requirement to first show entitlement to give secondary evidence prevents a party from replacing a document with a potentially incomplete or inaccurate oral description of its contents.

Before relying upon an oral admission as to contents, the party should therefore establish the factual and legal basis on which secondary evidence of the document is admissible. Whether that requirement is satisfied depends on the applicable provisions of the BSA and the facts proved before the Court.

When genuineness of a document is in question

The second limb of Section 20 applies where a document has been produced but its genuineness is disputed. In that situation, a relevant oral admission may assist the Court in deciding whether the document is genuine. The provision does not mean that every oral statement automatically proves genuineness; relevance and proof remain matters to be assessed under the BSA and the facts of the case.

Simple example

Suppose A alleges that a written agreement contained a particular condition, but the agreement is not produced. A witness merely says that he heard B admit that the agreement contained that condition. The oral statement is not ordinarily relevant to prove the document's contents unless the party first shows a lawful basis for giving secondary evidence of the agreement.

If, however, a document is produced and its genuineness itself is disputed, an oral admission bearing on whether that produced document is genuine may be relevant under Section 20.

Section 20 and the former Indian Evidence Act, 1872

The rule embodied in Section 20 of the BSA substantially continues the familiar evidentiary principle that oral admissions about the contents of documents are generally excluded unless secondary evidence is permissible or the genuineness of the produced document is in issue.

Official source

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. The official Act and section arrangement can be accessed through India Code.

Key points at a glance

• Section 20 applies to oral admissions concerning the contents of a document.
• Such oral admissions are generally not relevant by themselves.
• They may become relevant after entitlement to give secondary evidence is established.
• They may also be relevant where the genuineness of a document produced is in question.
• The expression "document" under the BSA includes electronic and digital records.
• The section should be read with the BSA provisions governing admissions and documentary evidence.

This page is intended as a general legal information resource. The admissibility and evidentiary value of any statement or document depend on the facts of the case and the applicable law.