Section 20 IEA: Admissions by persons expressly referred to by party to suit

Indian Evidence Act, 1872

Section 20 IEA at a Glance

Section 20 IEA deals with admissions by persons expressly referred to by party to suit. From 1 July 2024 it is replaced by Section 18 BSA.

Now BSA

Section 18 →

Section 20 IEA Bare Act Text

20. Admissions by persons expressly referred to by party to suit

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

Illustration

The question is, whether a horse sold by A to B is sound.

A says to B — “Go and ask C, C knows all about it.” C’s statement is an admission.

Source: Section 20, Indian Evidence Act, 1872

Section 20 IEA in Simple Words

Section 20 of the Indian Evidence Act, 1872 lets a statement by another person count as an admission (a statement suggesting an inference about a fact in issue or a relevant fact). It applies when a party in the suit expressly refers to that person for information about a disputed matter.

In a dispute, a party may tell the other side to go and ask someone who knows the facts. For example, a seller in a dispute over an item sold may tell the buyer to ask another person about its condition. Under Section 20 IEA, the statement made by that person is an admission.

A party in the suit must expressly refer to that person for information. The referral also has to concern a matter in dispute in the case.

When Section 20 IEA Applies

  • A party in the suit must expressly refer to another person for information.
  • The referral for information must concern a matter in dispute in the suit.
  • The person referred to must make a statement about that disputed matter.

Example of Section 20 IEA

In 2023 in Chennai, Priya buys a printing machine from Ramesh and later files a suit over whether the machine had a motor defect. During the dispute over the machine, Ramesh tells Priya to ask Farhan, the mechanic who serviced the motor, for the facts. Farhan states that the motor was already damaged before the sale of the printing machine. Under Section 20 IEA, this statement by Farhan is an admission regarding the motor defect in the printing machine.

Section 20 IEA in the BSA

Section 20 IEA is now covered under Section 18 BSA.

Section 20 of the Indian Evidence Act, 1872 became Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 20 vs BSA 18) →

FAQs on Section 20 IEA

What is Section 20 IEA?▼

Section 20 of the Indian Evidence Act, 1872 provides that when a party in a suit expressly refers to another person for information about a matter in dispute, a statement made by that person is an admission.

Must the party to the suit expressly refer to the other person for Section 20 IEA to apply?▼

Yes. Section 20 IEA applies only when a party in the suit has expressly referred to that person for information.

If a seller in a suit tells a buyer to ask another person about the condition of an item sold, is the reply an admission?▼

Yes. As shown in the illustration to Section 20 IEA, when a seller tells a buyer to go and ask another person who knows all about the item in dispute, the statement by that person is an admission.

What is Section 20 IEA in BSA?▼

Section 18 BSA. It replaced Section 20 IEA on 1 July 2024 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 ·