Section 115 IEA: Estoppel

Indian Evidence Act, 1872

Section 115 IEA at a Glance

Section 115 IEA deals with estoppel. From 1 July 2024 it is replaced by Section 121 BSA.

Now BSA

Section 115 IEA Bare Act Text

115. Estoppel
When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

Source: Section 115, Indian Evidence Act, 1872

Section 115 IEA in Simple Words

Section 115 of the Indian Evidence Act, 1872 lays down the rule of estoppel (a rule stopping a person from going back on earlier words or conduct). When one person intentionally makes another person believe a fact and act on it, the first person cannot deny that fact in court.

The belief can come from a declaration, an act, or an omission (failing to act or speak). The first person must intentionally cause or permit the other person to hold that belief. The other person must then act on that belief.

When those conditions are met, the bar applies in a suit or court proceeding involving those people or their representatives. Neither the person who created the belief nor a representative of that person can deny that the fact is true.

The Act illustrates the rule with a sale of land. A seller falsely makes a buyer believe the seller owns the land, and the buyer purchases the land and pays the price. Even if the seller later acquires the land, the seller cannot cancel the sale by proving a lack of title (ownership) when the sale took place.

When Section 115 IEA Applies

One person makes a declaration, performs an act, or makes an omission.
By doing so, that person intentionally causes or permits another person to believe that a fact is true.
The other person acts on that belief.
In a suit or court proceeding involving those parties or their representatives, neither the first person nor a representative of that person can deny that the fact is true.

Example of Section 115 IEA

In 2022, Anita gives a written declaration to Farhan in Pune stating that a shop manager has authority to collect rent for the shop. Relying on that declaration, Farhan pays the rent to the manager. Anita later files a suit against Farhan to recover the same rent by claiming that the manager lacked authority to collect the payment. Under Section 115 IEA, the court will not allow Anita to deny that the shop manager had authority to collect the rent.

Section 115 IEA in the BSA

Section 115 IEA is now covered under Section 121 BSA.

Section 115 of the Indian Evidence Act, 1872 became Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 115 vs BSA 121) →

FAQs on Section 115 IEA

What is Section 115 IEA?▼

Section 115 of the Indian Evidence Act, 1872 sets out the rule of estoppel, which stops a person from denying a fact in court after intentionally leading another person to believe that fact and act on it. The rule binds both the person who created the belief and a representative of that person.

Does Section 115 IEA apply if a person creates a belief by failing to act or speak?▼

Yes. Section 115 IEA covers a belief caused or permitted by an omission, as well as by a declaration or an act, when the person intentionally caused or permitted the other person to believe the fact and act on it.

Does Section 115 IEA also bind the representative of the person who caused the belief?▼

Yes. Neither the person who intentionally caused or permitted the belief nor a representative of that person can deny that the fact is true in a suit or court proceeding involving the other party or a representative of the other party.

Can a seller who falsely claimed to own land cancel the sale under Section 115 IEA after acquiring ownership?▼

No. Under the illustration to Section 115 IEA, a seller who intentionally and falsely leads a buyer to believe the land belongs to the seller, and induces the buyer to purchase the land and pay the price, is not allowed to prove a lack of title when the sale took place.

What is Section 115 IEA in BSA?▼

Section 121 BSA replaces Section 115 IEA from 1 July 2024. The rule of estoppel continues in Section 121 BSA 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, Indian Evidence Act, 1872 ·