Section 19 BSA: Proof of admissions against persons making them, and by or on their behalf
Bharatiya Sakshya Adhiniyam, 2023
Section 19 BSA at a Glance
Section 19 BSA deals with proof of admissions against persons making them, and by or on their behalf. It replaced Section 21 IEA on 1 July 2024.
Section 19 BSA Bare Act Text
19. Proof of admissions against persons making them, and by or on their behalf
Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:—
(1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26;
(2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable;
(3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.
Illustrations(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26.
(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.
(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts.
Source: Section 19, Bharatiya Sakshya Adhiniyam, 2023
Section 19 BSA in Simple Words
Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 sets out who may prove an admission in court. An admission is relevant and can be proved against the person who makes it, or against that person's representative in interest (someone who holds or succeeds to that person's legal interest). However, the person who makes the admission, someone acting on the maker's behalf, or a representative in interest cannot prove it in their own favour.
Section 19 BSA lets an admission be proved by or for its maker only under sub-sections (1), (2), and (3). Under sub-section (1), the maker may prove the statement if Section 26 BSA would make it relevant between third persons had the maker died. Section 26 BSA covers statements of relevant facts by persons who have died or cannot be located, including routine business entries or a postmarked letter's date under clause (b) of Section 26.
Under sub-section (2), the maker may prove a statement about a relevant or disputed mental or bodily state made around the time it existed, when accompanied by conduct making its falsehood improbable. Under sub-section (3), the maker may prove an admission that is relevant on another basis, such as explaining behaviour linked to the facts in dispute.
When Section 19 BSA Applies
- A party in a proceeding may prove an admission against the person who makes it, or against someone who holds or succeeds to that person's legal interest.
- Under sub-section (1), the person who makes an admission (or someone on the maker's behalf) may prove it if, assuming the maker were dead, Section 26 BSA would make the statement relevant in a dispute between third persons.
- Under sub-section (2), the maker (or someone on the maker's behalf) may prove an admission stating the existence of a relevant or disputed mental or bodily state at or around the time it existed, accompanied by conduct making its falsehood improbable.
- Under sub-section (3), the maker (or someone on the maker's behalf) may prove an admission when the statement is relevant on a ground other than being an admission.
Example of Section 19 BSA
When Section 19 BSA Does Not Apply
- A person who makes an admission, someone acting for that maker, or a representative in interest cannot prove the admission in their own favour unless it falls within sub-section (1), (2), or (3).
- The prohibition against a maker proving an admission does not apply in the situations under sub-sections (1), (2), and (3), namely when Section 26 BSA would make it relevant between third persons if the maker were dead, when it is a contemporaneous statement of a mental or bodily state backed by conduct making falsehood improbable, or when it is relevant on another ground.
Section 19 BSA in the IEA (Previous Law)
Section 19 BSA replaces Section 21 IEA from the old criminal code.
Section 21 of the Indian Evidence Act, 1872 became Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Illustrations use other place names and "currency" for "coin", and cited clause numbers follow the BSA.
FAQs on Section 19 BSA
What is Section 19 BSA?▼
Section 19 of the Bharatiya Sakshya Adhiniyam, 2023 governs who may prove admissions in court. It allows admissions to be proved against the person who makes them or against a representative in interest. It bars the maker from proving an admission in the maker's own favour, except in the cases under sub-sections (1), (2), and (3).
Can a person who makes an admission prove it in court under Section 19 BSA?▼
No, except in the cases under sub-sections (1), (2), and (3) of Section 19 BSA. Those cover statements that would be relevant between third persons under Section 26 BSA if the maker were dead, contemporaneous statements of a relevant or disputed mental or bodily state accompanied by conduct making falsehood improbable, and statements that are relevant on a basis other than being an admission.
Can an accused person prove a statement that explains conduct under Section 19 BSA?▼
Yes. Under sub-section (3) and the illustrations to Section 19 BSA, a person may prove a statement that is relevant on a basis other than as an admission, such as refusing to sell goods below value or asking a skilled person to check whether suspect currency is genuine.
What is Section 19 BSA in IEA?▼
Section 21 IEA is the earlier provision that became Section 19 BSA on 1 July 2024. The substantive rule on proving admissions remains the same.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·