IEA 21 to BSA 19: Proof of admissions against persons making them, and by or on their behalf
Section 21 IEA (1872) replaced by Section 19 BSA (2023)
IEA 21 to BSA 19 at a Glance
Section 21 IEA (Proof of admissions against persons making them, and by or on their behalf) is now Section 19 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 21 to BSA 19?
Section 21 of the Indian Evidence Act, 1872 became Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Illustrations use other place names and "currency" for "coin", and cited clause numbers follow the BSA.
IEA 21 vs BSA 19: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 21 | 19 |
| Heading | Proof of admissions against persons making them, and by or on their behalf | Same |
| Sub-sections | 3 sub-sections | Same |
| Cross-references | s.32 | s.26 |
IEA 21 and BSA 19: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 21, IEA 1872
21. 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:—
(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 32.
(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 section 32, clause (2).
(c) A is accused of a crime committed by him at Calcutta.
He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore 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 section 32, clause (2).
(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 coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding illustration.
BSA 2023 (in force)
Section 19, BSA 2023
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.
When It Applies: IEA 21 vs BSA 19
Under IEA 21
- A party in a case may prove an admission against the person who made it, or against someone who holds or succeeds to that person's legal interest.
- Under sub-section (1), the person who made an admission (or someone on the maker's behalf) may prove it if, assuming the maker had died, Section 32 IEA would make the statement relevant in a dispute between third persons.
- Under sub-section (2), the maker (or someone on the maker's behalf) may prove an admission that states the existence of a relevant or disputed mental or bodily state at or around the time it existed, accompanied by conduct that makes its falsehood improbable.
- Under sub-section (3), the maker (or someone on the maker's behalf) may prove an admission when the statement is relevant on a basis other than being an admission.
Under BSA 19
- A party in a proceeding may prove an admission against the person who makes it, or against someone who holds or succeeds to that person's legal interest.
- Under sub-section (1), the person who makes an admission (or someone on the maker's behalf) may prove it if, assuming the maker were dead, Section 26 BSA would make the statement relevant in a dispute between third persons.
- Under sub-section (2), the maker (or someone on the maker's behalf) may prove an admission stating the existence of a relevant or disputed mental or bodily state at or around the time it existed, accompanied by conduct making its falsehood improbable.
- Under sub-section (3), the maker (or someone on the maker's behalf) may prove an admission when the statement is relevant on a ground other than being an admission.
What IEA 21 to BSA 19 Means in Practice
Section 21 IEA became Section 19 BSA on 1 July 2024, and the same rule applies with no substantive change. A person in court should cite Section 19 BSA for matters governed by the BSA, noting that sub-section (1) and the illustrations refer to Section 26 BSA instead of Section 32 IEA.
FAQs: IEA 21 to BSA 19
What wording and cross-reference updates were made when Section 21 IEA became Section 19 BSA?▼
The word namely was added in the opening line, and references to Section 32 IEA (and Section 32, clause (2)) were updated to Section 26 BSA (and clause (b) of Section 26). In the illustrations, Calcutta and Lahore were replaced with Kolkata and Chennai, the word coin was replaced with currency, and the closing phrase in Illustration (e) was dropped.
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 ·