IEA 23→BSA 21

IEA 23 to BSA 21: Admissions in civil cases when relevant

Section 23 IEA (1872) replaced by Section 21 BSA (2023)

View IEA Section 23 →View BSA Section 21 →

IEA 23 to BSA 21 at a Glance

Section 23 IEA (Admissions in civil cases when relevant) is now Section 21 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 23 to BSA 21?

Section 23 of the Indian Evidence Act, 1872 became Section 21 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Barrister, pleader, attorney or vakil" reads "advocate", and the cross-reference now points to sub-sections (1) and (2) of Section 132.

IEA 23 vs BSA 21: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section2321
HeadingAdmissions in civil cases when relevantSame
Cross-referencess.126s.132

IEA 23 and BSA 21: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 23, IEA 1872

23. Admissions in civil cases when relevant.—In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.
BSA 2023 (in force)

Section 21, BSA 2023

21. Admissions in civil cases when relevant.—In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.

When It Applies: IEA 23 vs BSA 21

Under IEA 23
  1. The rule applied only to admissions in civil cases.
  2. A party made the admission under an express condition barring anyone from giving evidence of it.
  3. Alternatively, the circumstances let the court infer a mutual agreement between the parties not to give evidence of the admission.
Under BSA 21
  1. The rule applies only to admissions in civil cases.
  2. A party makes the admission on an express condition barring anyone from giving evidence of it.
  3. Alternatively, the surrounding circumstances allow the court to infer a mutual agreement between the parties not to give evidence of the admission.

What IEA 23 to BSA 21 Means in Practice

The same rule on admissions in civil cases applies without any substantive change, and a party or advocate should cite Section 21 BSA for matters governed by the BSA. In the Explanation, the words barrister, pleader, attorney or vakil were replaced with advocate, and the cross-reference points to sub-sections (1) and (2) in Section 132 BSA instead of Section 126 IEA.

FAQs: IEA 23 to BSA 21

Did the rule on when civil admissions are relevant change from Section 23 IEA to Section 21 BSA?▼

No. There is no substantive change to the rule, though the Explanation replaces barrister, pleader, attorney or vakil with advocate and updates the cross-reference from Section 126 IEA to sub-sections (1) and (2) in Section 132 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 ·