Section 21 BSA: Admissions in civil cases when relevant

Bharatiya Sakshya Adhiniyam, 2023

Section 21 BSA at a Glance

Section 21 BSA deals with admissions in civil cases when relevant. It replaced Section 23 IEA on 1 July 2024.

Was IEA

Section 23 →

Section 21 BSA Bare Act Text

21. Admissions in civil cases when relevant

In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

Explanation

Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.

Source: Section 21, Bharatiya Sakshya Adhiniyam, 2023

Section 21 BSA in Simple Words

Section 21 of the Bharatiya Sakshya Adhiniyam, 2023 keeps protected admissions out of court in civil cases. Under the Adhiniyam, an admission is not relevant (cannot be relied on in court) in a civil case when it is made under a condition or agreement that bars giving evidence of it.

An admission is not relevant if a party makes it on an express condition (a clearly stated term) that nobody may give evidence of the statement. An admission is also not relevant when the surrounding circumstances let the court infer (conclude from the facts) that the parties agreed together not to give evidence of it.

Section 21 BSA includes an Explanation for legal practitioners. The rule does not exempt an advocate from testifying about any matter where sub-sections (1) and (2) in Section 132 BSA, which covers professional communications, allow the court to compel testimony.

When Section 21 BSA Applies

  • The rule applies only to admissions in civil cases.
  • A party makes the admission on an express condition barring anyone from giving evidence of it.
  • Alternatively, the surrounding circumstances allow the court to infer a mutual agreement between the parties not to give evidence of the admission.

Example of Section 21 BSA

In October 2024, Farhan and Priya meet in Jaipur to resolve a civil dispute over a supply contract. Before the discussion starts, Farhan states an express condition that no admission made at the meeting may be given as evidence in court. The talks fail, and Priya later tries to produce that admission in the civil suit. Under Section 21 BSA, the admission is not relevant, so Priya cannot give evidence of it in the civil case.

When Section 21 BSA Does Not Apply

  • The rule does not exempt an advocate from testifying about any matter where sub-sections (1) and (2) in Section 132 BSA, which governs professional communications, allow the court to compel disclosure.

Section 21 BSA in the IEA (Previous Law)

Section 21 BSA replaces Section 23 IEA from the old criminal code.

Section 23 of the Indian Evidence Act, 1872 became Section 21 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Barrister, pleader, attorney or vakil" reads "advocate", and the cross-reference now points to sub-sections (1) and (2) of Section 132.

FAQs on Section 21 BSA

What is Section 21 BSA?▼

Section 21 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that makes an admission in a civil case irrelevant if made under a condition or mutual agreement keeping it out of evidence. It applies when the condition is expressly stated or when the court can infer that agreement from the circumstances.

Does Section 21 BSA require a written condition before an admission is protected?▼

No. Section 21 BSA applies either when there is an express condition against giving evidence of the admission or when the court can infer from the circumstances that the parties agreed not to give evidence of it.

Does Section 21 BSA apply to criminal proceedings?▼

No. Section 21 BSA states that the rule applies in civil cases.

Does Section 21 BSA excuse an advocate from giving evidence in every situation?▼

No. Under the Explanation to Section 21 BSA, an advocate is not exempt from testifying on any matter where sub-sections (1) and (2) in Section 132 BSA on professional communications allow the court to compel evidence.

What is Section 21 BSA in IEA?▼

Section 23 IEA. Section 23 IEA became Section 21 BSA on 1 July 2024 with no substantive change, except that barrister, pleader, attorney or vakil in the Explanation became advocate and the cross-reference changed from Section 126 IEA to sub-sections (1) and (2) in Section 132 BSA.

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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 ·