Section 20 BSA: When oral admissions as to contents of documents are relevant

Bharatiya Sakshya Adhiniyam, 2023

Section 20 BSA at a Glance

Section 20 BSA deals with when oral admissions as to contents of documents are relevant. It replaced Section 22 IEA on 1 July 2024.

Was IEA

Section 22 →

Section 20 BSA Bare Act Text

20. When oral admissions as to contents of documents are relevant

Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

Source: Section 20, Bharatiya Sakshya Adhiniyam, 2023

Section 20 BSA in Simple Words

Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 restricts when a party can use spoken statements to prove what is written in a document. Under the Adhiniyam, oral admissions (spoken statements acknowledging a fact) about a document's contents are not relevant in court. A party cannot rely on what someone said aloud about a document in place of proving the document itself.

Section 20 BSA allows oral admissions about a document's contents only in limited situations. Under the secondary evidence exception, the party seeking to prove the spoken admission must show an entitlement to give secondary evidence (substitute evidence of a document's contents permitted under the rules set out later in the Adhiniyam) for that document. Until that party shows a right to lead secondary evidence under those later rules, the spoken admission remains irrelevant.

An oral admission about a document's contents is also relevant when a document is produced in court and its genuineness is disputed.

When Section 20 BSA Applies

  • When a party proposes to prove spoken admissions about what a document contains, Section 20 BSA makes those spoken statements irrelevant as the default rule.
  • A party seeking to prove an oral admission about a document's contents may do so after showing an entitlement to give secondary evidence of that document under the later rules in the Adhiniyam.
  • A party may prove an oral admission about a document's contents when the document has been produced and its genuineness is disputed.

Example of Section 20 BSA

In October 2024, Ramesh sues a landowner, Priya, in a Lucknow court over the rent fixed in a written lease. Without producing the written lease or showing any right to give secondary evidence of it, Ramesh asks a witness to state what Priya orally admitted about the rent amount. No produced document has its genuineness disputed in the proceeding. Under Section 20 BSA, Ramesh cannot prove Priya's spoken admission about the rent fixed in the written lease.

When Section 20 BSA Does Not Apply

  • The bar on proving oral admissions about a document's contents does not apply once the party seeking to prove them establishes a right to give secondary evidence of the document under the later rules of the Adhiniyam.
  • The bar on oral admissions about a document's contents does not apply when a document is produced and its genuineness is disputed.

Section 20 BSA in the IEA (Previous Law)

Section 20 BSA replaces Section 22 IEA from the old criminal code.

Section 22 of the Indian Evidence Act, 1872 became Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change to this rule. IEA Section 22A sat beside it for electronic records and has no separate section in the BSA.

FAQs on Section 20 BSA

What is Section 20 BSA?▼

Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 governs when spoken admissions about a document's contents are relevant. Such oral admissions are not relevant unless the party proposing to prove them shows an entitlement to give secondary evidence of the document under later rules in the Adhiniyam, or unless a produced document's genuineness is disputed.

Can a party prove an oral admission about an unproduced document's contents without showing a right to give secondary evidence under Section 20 BSA?▼

No. The party must show an entitlement to give secondary evidence of the document's contents under the rules contained later in the Adhiniyam before the oral admission becomes relevant.

Are oral admissions about a document's contents relevant under Section 20 BSA when a produced document's genuineness is disputed?▼

Yes. When a document is produced in court and its genuineness is disputed, Section 20 BSA makes oral admissions about the document's contents relevant.

What is Section 20 BSA in IEA?▼

Section 22 IEA is the earlier provision that became Section 20 BSA on 1 July 2024 with identical wording and no 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 ·