Section 16 BSA: Admission by party to proceeding or his agent

Bharatiya Sakshya Adhiniyam, 2023

Section 16 BSA at a Glance

Section 16 BSA deals with admission by party to proceeding or his agent. It replaced Section 18 IEA on 1 July 2024.

Was IEA

Section 16 BSA Bare Act Text

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.

Source: Section 16, Bharatiya Sakshya Adhiniyam, 2023

Section 16 BSA in Simple Words

Section 16 of the Bharatiya Sakshya Adhiniyam, 2023 sets out whose statements count as admissions. Under sub-section (1), a statement made by a party in the proceeding is an admission. A statement by a party's agent also counts if the Court views the agent, in the case's circumstances, as having express or implied authority from that party.

Under sub-section (2)(i), a limit applies when a party to a suit brings or defends it in a representative character (acting on behalf of another person or group). Statements by such a party are not admissions unless made while the party held that representative role.

Sub-section (2)(ii)(a) covers statements by persons with a proprietary interest (ownership stake) or pecuniary interest (money stake) in the proceeding's subject matter, speaking in that capacity. Sub-section (2)(ii)(b) covers statements by persons from whom the suit parties derived an interest in the suit's subject matter. Statements under both clauses count as admissions only if made while the speaker's interest continued.

When Section 16 BSA Applies

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.

Example of Section 16 BSA

In October 2024, Ramesh owned a plot of land in Bhopal and signed a note accepting a pathway right across the plot. Later, Priya purchased that plot and became a party to a civil suit over the same pathway. Under Section 16(2)(ii)(b) BSA, the signed note counts as an admission because the party to the suit derived interest in the suit's subject matter from Ramesh. The note qualifies as an admission because Ramesh signed it while still holding the ownership interest in the plot.

When Section 16 BSA Does Not Apply

A statement by a party suing or sued in a representative role is not an admission if made when the party did not hold that role.
A statement by a person interested in the subject matter, or from whom interest was derived, does not count as an admission if made outside the continuance of that person's interest.

Section 16 BSA in the IEA (Previous Law)

Section 16 BSA replaces Section 18 IEA from the old criminal code.

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.

View IEA Section 18 →Compare IEA 18 vs BSA 16 →

FAQs on Section 16 BSA

What is Section 16 BSA?▼

Section 16 of the Bharatiya Sakshya Adhiniyam, 2023 sets out which persons can make statements that count as admissions. It covers parties to the proceeding, authorised agents, parties acting in a representative role while holding that role, persons with an ownership or financial stake speaking in that capacity, and predecessors in interest speaking while their interest continued.

Can a statement by a party's agent count as an admission under Section 16 BSA?▼

Yes. Under Section 16(1) BSA, a statement by a party's agent is an admission if the Court regards the agent, in the case's circumstances, as having express or implied authority from that party to make it.

Is a statement made before a party took on a representative role an admission under Section 16 BSA?▼

No. Under Section 16(2)(i) BSA, statements by a party suing or sued in a representative role are not admissions unless made while the party held that character.

Can a former owner's statement made after transferring the property count as an admission under Section 16 BSA?▼

No. Under Section 16(2)(ii)(b) BSA, statements by a person from whom a suit party derived interest count as admissions only if made while that person's interest in the subject matter continued.

What is Section 16 BSA in IEA?▼

Section 18 IEA. Section 18 IEA became Section 16 BSA on 1 July 2024 without any substantive change to the rule.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·