Section 18 BSA: Admissions by persons expressly referred to by party to suit

Bharatiya Sakshya Adhiniyam, 2023

Section 18 BSA at a Glance

Section 18 BSA deals with admissions by persons expressly referred to by party to suit. It replaced Section 20 IEA on 1 July 2024.

Was IEA

Section 20 →

Section 18 BSA Bare Act Text

18. Admissions by persons expressly referred to by party to suit

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

Illustration

The question is, whether a horse sold by A to B is sound.

A says to B— “Go and ask C, C knows all about it”. C's statement is an admission.

Source: Section 18, Bharatiya Sakshya Adhiniyam, 2023

Section 18 BSA in Simple Words

Section 18 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 party in the suit expressly refers to that person for information about a disputed matter.

In a dispute, a party may tell the other side to go and ask someone who knows the facts. For example, a seller in a dispute over an item sold may tell the buyer to ask another person about its condition. Under Section 18 BSA, the statement made by that person is an admission.

A party in the suit must expressly refer to that person for information. The referral also has to concern a matter in dispute in the case.

When Section 18 BSA Applies

  • A party in the suit must expressly refer to another person for information.
  • The referral for information must concern a matter in dispute in the suit.
  • The person referred to must make a statement about that disputed matter.

Example of Section 18 BSA

In 2025 in Lucknow, Anita files a suit against Farhan over whether a warehouse roof repaired by a contractor was leaking. Regarding the disputed roof condition, Farhan tells Anita to ask Priya, the site engineer, for information. Priya states that the warehouse roof still had cracks after the repair work. Under Section 18 BSA, this statement by Priya counts as an admission in the suit over the leaking warehouse roof.

Section 18 BSA in the IEA (Previous Law)

Section 18 BSA replaces Section 20 IEA from the old criminal code.

Section 20 of the Indian Evidence Act, 1872 became Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 18 BSA

What is Section 18 BSA?▼

Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 provides that when a party in a suit expressly refers to another person for information about a matter in dispute, a statement made by that person is an admission.

Must the party to the suit expressly refer to the other person for Section 18 BSA to apply?▼

Yes. Section 18 BSA applies only when a party in the suit has expressly referred to that person for information.

If a seller in a suit tells a buyer to ask another person about the condition of an item sold, is the reply an admission?▼

Yes. As shown in the illustration to Section 18 BSA, when a seller tells a buyer to go and ask another person who knows all about the item in dispute, the statement by that person is an admission.

What is Section 18 BSA in IEA?▼

Section 20 IEA. Section 18 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 ·