Section 121 BSA: Estoppel
Bharatiya Sakshya Adhiniyam, 2023
Section 121 BSA at a Glance
Section 121 BSA deals with estoppel. It replaced Section 115 IEA on 1 July 2024.
Section 121 BSA Bare Act Text
121. Estoppel
When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
IllustrationA intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.
Source: Section 121, Bharatiya Sakshya Adhiniyam, 2023
Section 121 BSA in Simple Words
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule of estoppel (a rule stopping a person from going back on earlier words or conduct). When one person intentionally makes another person believe a fact and act on it, the first person cannot deny that fact in court.
The belief can come from a declaration, an act, or an omission (failing to act or speak). Under Section 121 BSA, the first person must intentionally cause or permit the other person to hold that belief, and the other person must act on it.
When those conditions are met, the bar applies in a suit or court proceeding involving those people or their representatives. Neither the person who created the belief nor a representative of that person is allowed to deny that the fact is true.
The Adhiniyam illustrates the rule with a land sale. A seller falsely makes a buyer believe the seller owns a piece of land, and the buyer purchases the land and pays the price. Even if the seller later becomes the owner, the seller cannot cancel the sale by proving a lack of title (ownership) when the sale took place.
When Section 121 BSA Applies
- One person makes a declaration, performs an act, or makes an omission.
- By doing so, that person intentionally causes or permits another person to believe that a fact is true.
- The other person acts on that belief.
- In a suit or court proceeding involving those parties or their representatives, neither the first person nor a representative of that person can deny that the fact is true.
Example of Section 121 BSA
Section 121 BSA in the IEA (Previous Law)
Section 121 BSA replaces Section 115 IEA from the old criminal code.
Section 115 of the Indian Evidence Act, 1872 became Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 121 BSA
What is Section 121 BSA?▼
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 sets out the rule of estoppel, which stops a person from denying a fact in court after intentionally leading another person to believe that fact and act on it. The rule binds both the person who created the belief and a representative of that person.
Does Section 121 BSA apply when a belief is created by an omission?▼
Yes. Section 121 BSA covers a belief caused or permitted by an omission, as well as by a declaration or an act, when the person intentionally caused or permitted the other person to believe the fact and act on it.
Does Section 121 BSA also bind the representative of the person who created the belief?▼
Yes. Neither the person who intentionally caused or permitted the belief nor a representative of that person can deny that the fact is true in a suit or court proceeding involving the other party or a representative of the other party.
Can a seller who falsely claimed to own land cancel the sale under Section 121 BSA after acquiring ownership?▼
No. Under the illustration to Section 121 BSA, a seller who intentionally and falsely leads a buyer to believe the land belongs to the seller, and induces the buyer to purchase the land and pay the price, is not allowed to prove a lack of title when the sale took place.
What is Section 121 BSA in IEA?▼
Section 121 BSA corresponds to Section 115 IEA. Section 115 IEA became Section 121 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·