Section 17 BSA: Admissions by persons whose position must be proved as against party to suit

Bharatiya Sakshya Adhiniyam, 2023

Section 17 BSA at a Glance

Section 17 BSA deals with admissions by persons whose position must be proved as against party to suit. It replaced Section 19 IEA on 1 July 2024.

Was IEA

Section 19 →

Section 17 BSA Bare Act Text

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.

Source: Section 17, Bharatiya Sakshya Adhiniyam, 2023

Section 17 BSA in Simple Words

Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 lets a statement by another person count as an admission (a statement suggesting an inference about a fact in issue or a relevant fact). It applies when a suit requires proving the position or liability (legal duty or debt) of that other person against a party to the suit.

Sometimes a case against a party depends on whether another person owed a liability or held a position. A party to the suit may deny that the other person had that liability or position. Under Section 17 BSA, a statement by that other person about it counts as an admission and a relevant fact against the party.

The statement has to be relevant against the maker if a suit were filed by or against the maker. It must relate to that position or liability. Also, the maker must make the statement while occupying that position or while subject to that liability.

When Section 17 BSA Applies

  • 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.

Example of Section 17 BSA

In 2025 in Jaipur, Priya undertakes to recover supply bills for cloth sold by Farhan. Farhan files a suit against Priya for failing to recover a cloth bill owed by Ramesh. Priya denies that Ramesh had any pending liability for the cloth. A statement by Ramesh made while still subject to that debt, admitting the unpaid bill to Farhan, is an admission under Section 17 BSA and a relevant fact against Priya regarding the cloth bill.

Section 17 BSA in the IEA (Previous Law)

Section 17 BSA replaces Section 19 IEA from the old criminal code.

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.

FAQs on Section 17 BSA

What is Section 17 BSA?▼

Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 treats a statement by another person as an admission when the position or liability of that person must be proved against a party to a suit. The statement must be relevant against the maker in a suit over that position or liability and must be made while the maker holds that position or liability.

Must the statement be made while the person still holds the position or liability under Section 17 BSA?▼

Yes. Under Section 17 BSA, the statement counts as an admission only if the maker makes it while occupying that position or while subject to that liability.

Does Section 17 BSA apply when a party to a suit denies that another person owed rent?▼

Yes. In the illustration to Section 17 BSA, a party who undertook to collect rents is sued for not collecting rent from another person and denies that rent was due. A statement by that other person admitting the rent owed is an admission and a relevant fact against that party.

What is Section 17 BSA in IEA?▼

Section 19 IEA. Section 17 BSA replaced it on 1 July 2024 without any change in wording.

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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 ·