IEA 19 to BSA 17: Admissions by persons whose position must be proved as against party to suit
Section 19 IEA (1872) replaced by Section 17 BSA (2023)
IEA 19 to BSA 17 at a Glance
Section 19 IEA (Admissions by persons whose position must be proved as against party to suit) is now Section 17 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 19 to BSA 17?
Section 19 of the Indian Evidence Act, 1872 became Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
IEA 19 vs BSA 17: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 19 | 17 |
| Heading | Admissions by persons whose position must be proved as against party to suit | Same |
IEA 19 and BSA 17: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 19, IEA 1872
19. 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.
BSA 2023 (in force)
Section 17, BSA 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.
When It Applies: IEA 19 vs BSA 17
Under IEA 19
- In a suit, proving the position or liability of another person must be necessary against a party in that suit.
- The statement must be relevant against the person who made it regarding that position or liability if a suit were filed by or against that person.
- The maker of the statement must make it while holding that position or while under that liability.
Under BSA 17
- In a suit, proving the position or liability of another person must be necessary against a party in that suit.
- The statement must be relevant against the person who made it regarding that position or liability if a suit were filed by or against that person.
- The maker of the statement must make it while holding that position or while under that liability.
What IEA 19 to BSA 17 Means in Practice
Section 19 IEA became Section 17 BSA on 1 July 2024 without any change in wording. The same rule applies, and a party or reader should cite Section 17 BSA for matters governed by the BSA.
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 ·