Section 18 IEA: Admission by party to proceeding or his agent

Indian Evidence Act, 1872

Section 18 IEA at a Glance

Section 18 IEA deals with admission by party to proceeding or his agent. From 1 July 2024 it is replaced by Section 16 BSA.

Now BSA

Section 16 →

Section 18 IEA Bare Act Text

18. Admission by party to proceeding or his agent
Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.
by suitor in representative character.—Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by —
(1) by party interested in subject-matter.—persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or (2) by person from whom interest derived.—persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.

Source: Section 18, Indian Evidence Act, 1872

Section 18 IEA in Simple Words

Section 18 of the Indian Evidence Act, 1872 set out whose statements counted as admissions. When a party in the proceeding made a statement, it counted as an admission. A statement by a party's agent also counted if the Court viewed the agent, in the case's circumstances, as having express or implied authority from that party.

A limit applied when a party to a suit brought or defended it in a representative character (acting on behalf of another person or group). Statements by such a party were not admissions unless made while the party held that representative role.

Under clause (1), statements by persons with a proprietary interest (ownership stake) or pecuniary interest (money stake) in the proceeding's subject-matter could be admissions. Those persons had to make the statement in the character of someone holding that interest. Clause (2) covered statements by persons from whom the suit parties derived an interest in the suit's subject-matter. Statements under both clauses counted as admissions only if made while the speaker's interest continued.

When Section 18 IEA Applies

A party to the proceeding made the statement.
An agent of a party made the statement, and the Court viewed the agent in the case's circumstances as having express or implied authority from that party.
A party bringing or defending a suit in a representative role made the statement while holding that role.
A person with an ownership or financial stake in the proceeding's subject-matter made the statement in that capacity while the stake continued.
A person from whom the suit parties derived their interest in the suit's subject-matter made the statement while that person's interest continued.

Example of Section 18 IEA

In 2021, Farhan owned a warehouse in Chennai and wrote a letter acknowledging a boundary agreement over the property. Later, Anita bought that warehouse and became a party to a civil suit over the same boundary. Under Section 18 IEA, the earlier letter counted as an admission because the party to the suit derived interest in the suit's subject-matter from Farhan. The letter qualified as an admission because Farhan wrote it while still holding the ownership interest in the warehouse.

When Section 18 IEA Does Not Apply

A statement by a party suing or sued in a representative role was not an admission if made when the party did not hold that role.
A statement by a person interested in the subject-matter, or from whom interest was derived, did not count as an admission if made outside the continuance of that person's interest.

Section 18 IEA in the BSA

Section 18 IEA is now covered under Section 16 BSA.

Section 18 of the Indian Evidence Act, 1872 became Section 16 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The side headings were removed, and the rule is now set out in sub-sections (1) and (2) with numbered clauses.

View detailed comparison (IEA 18 vs BSA 16) →

FAQs on Section 18 IEA

What is Section 18 IEA?▼

Section 18 of the Indian Evidence Act, 1872 set out which persons could make statements that counted as admissions. It covered parties to the proceeding, authorised agents, parties acting in a representative role while holding that role, persons with an ownership or financial stake speaking in that capacity, and predecessors in interest speaking while their interest continued.

Could a statement by a party's agent count as an admission under Section 18 IEA?▼

Yes. A statement by a party's agent was an admission if the Court regarded the agent, in the case's circumstances, as having express or implied authority from that party to make it.

Was a statement made before a party took on a representative role an admission under Section 18 IEA?▼

No. Statements by a party suing or sued in a representative role were not admissions unless made while the party held that character.

Could a former owner's statement made after selling the property count as an admission under Section 18 IEA?▼

No. Statements by a person from whom a suit party derived interest counted as admissions only if made while that person's interest in the subject-matter continued.

What is Section 18 IEA in BSA?▼

Section 16 BSA. Section 18 IEA became Section 16 BSA on 1 July 2024 without any 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, Indian Evidence Act, 1872 ·