Section 58 IEA: Facts admitted need not be proved
Indian Evidence Act, 1872
Section 58 IEA at a Glance
Section 58 IEA deals with facts admitted need not be proved. From 1 July 2024 it is replaced by Section 53 BSA.
Section 58 IEA Bare Act Text
58. Facts admitted need not be proved
No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings:
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.
Source: Section 58, Indian Evidence Act, 1872
Section 58 IEA in Simple Words
Under the Indian Evidence Act, 1872, Section 58 IEA stated that a fact did not have to be proved in any proceeding when the parties had admitted it in a recognised way. However, the court kept the discretion to require independent proof of that fact.
The rule applied when the parties to the proceeding, or their agents, agreed to admit a fact at the hearing. It also applied when, before the hearing, the parties or their agents agreed to admit the fact in a signed writing. In addition, it applied when the parties were treated as having admitted the fact through their pleadings (the formal written statements of each side in a case) under an applicable pleading rule in force then.
Section 58 IEA included a proviso for the court. Even when a fact was admitted in any of these ways, the court could, in its discretion, require that the admitted fact be proved by means other than the admission.
When Section 58 IEA Applies
- Applies to parties to a proceeding, or their agents, who agree to admit a fact at the hearing.
- Applies to parties or their agents who agree before the hearing to admit a fact in a writing signed by them.
- Applies to parties who are treated as having admitted a fact in their pleadings under an applicable rule of pleading.
Example of Section 58 IEA
When Section 58 IEA Does Not Apply
- Even when a fact was admitted by the parties or their agents, or through pleadings, the court had the discretion to require that the fact be proved by means other than the admission.
Section 58 IEA in the BSA
Section 58 IEA is now covered under Section 53 BSA.
Section 58 of the Indian Evidence Act, 1872 became Section 53 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Need" reads "needs to".
View detailed comparison (IEA 58 vs BSA 53) →FAQs on Section 58 IEA
What is Section 58 IEA?▼
Section 58 of the Indian Evidence Act, 1872 provided that a fact did not need to be proved in a proceeding if the parties or their agents admitted it by agreement at the hearing or in a signed writing before the hearing, or if it was treated as admitted under the rules of pleading. However, the court had the discretion to require the fact to be proved by other means.
Could an agent of a party make an admission under Section 58 IEA?▼
Yes. Under Section 58 IEA, a fact did not need to be proved if the parties or their agents agreed to admit it at the hearing or by a signed writing before the hearing.
Could a court still ask for proof of a fact that the parties admitted under Section 58 IEA?▼
Yes. Under the proviso to Section 58 IEA, the court could, in its discretion, require an admitted fact to be proved by means other than the admission.
What is Section 58 IEA in BSA?▼
Section 53 BSA replaced Section 58 IEA without any substantive change. The same rule applies, with the wording need updated to needs to.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·