IEA 18 to BSA 16: Admission by party to proceeding or his agent
Section 18 IEA (1872) replaced by Section 16 BSA (2023)
IEA 18 to BSA 16 at a Glance
Section 18 IEA (Admission by party to proceeding or his agent) is now Section 16 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 18 to BSA 16?
Section 18 of the Indian Evidence Act, 1872 became Section 16 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The side headings were removed, and the rule is now set out in sub-sections (1) and (2) with numbered clauses.
IEA 18 vs BSA 16: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 18 | 16 |
| Heading | Admission by party to proceeding or his agent | Same |
| Sub-sections | 2 sub-sections | Same |
IEA 18 and BSA 16: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 18, IEA 1872
18. Admission by party to proceeding or his agent.—Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
by suitor in representative character.—Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by —
(1) by party interested in subject-matter.—persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or
(2) by person from whom interest derived.—persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
BSA 2023 (in force)
Section 16, BSA 2023
16. Admission by party to proceeding or his agent.—(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
(2) Statements made by—
(i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or
(ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or
(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
When It Applies: IEA 18 vs BSA 16
Under IEA 18
- A party to the proceeding made the statement.
- An agent of a party made the statement, and the Court viewed the agent in the case's circumstances as having express or implied authority from that party.
- A party bringing or defending a suit in a representative role made the statement while holding that role.
- A person with an ownership or financial stake in the proceeding's subject-matter made the statement in that capacity while the stake continued.
- A person from whom the suit parties derived their interest in the suit's subject-matter made the statement while that person's interest continued.
Under BSA 16
- A party to the proceeding makes the statement.
- An agent of a party makes the statement, and the Court views the agent in the case's circumstances as having express or implied authority from that party.
- A party bringing or defending a suit in a representative role makes the statement while holding that role.
- A person with an ownership or financial stake in the proceeding's subject matter makes the statement in that capacity while the stake continues.
- A person from whom the suit parties derived their interest in the suit's subject matter makes the statement while that person's interest continues.
What IEA 18 to BSA 16 Means in Practice
Section 18 IEA became Section 16 BSA on 1 July 2024 with no substantive change. The side headings from the old text were removed, and the rule is arranged into sub-sections (1) and (2) with numbered clauses. The same rule applies, and a person in court should cite Section 16 BSA for matters governed by the Adhiniyam.
FAQs: IEA 18 to BSA 16
Did Section 16 BSA change the legal rule in Section 18 IEA?▼
No. There is no substantive change to the rule on who can make an admission. Section 16 BSA only removed the old side headings and arranged the text into sub-sections (1) and (2) with numbered clauses.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·