Section 16 of BSA : Section 16: Admission by party to proceeding or his agent.

Bare Act

(1) 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.

(2) Statements made by -

• (i) 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; or
• (ii) 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
• (iii) 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.

Simplified Act

(1) Statements made by someone involved in a court case, or by their representative (if the court believes the representative is allowed to speak for them), are considered admissions.

(2) Statements made by -

• (i) people involved in a lawsuit in a representative role are not considered admissions unless they were made while they were in that role; or
• (ii) people who have a fina...

Explanation using Example

Example 1:

Ravi and Suresh are involved in a legal dispute over the ownership of a piece of land. During the court proceedings, Ravi's lawyer submits a written statement where Ravi admits that he had previously agreed to sell the land to Suresh. This statement is considered an admission under Section 16(1) of The Bharatiya Sakshya Adhiniyam 2023 because it was made by Ravi, a party to the proceeding.

Example 2:

Priya is suing a company for breach of contract. During the trial, the company's authorized agent, Mr. Sharma, admits in an email that the company failed to deliver the goods on time. The court regards Mr. Sharma as an agent expressly authorized to make such statements on behalf of the company. Therefore, his admission is considered valid under Section 16(1) of The Bharatiya Sakshya Adhiniyam 2023.

Example 3:

Anita is suing on behalf of her deceased father's estate, claiming that her father was promised a piece of property by his business partner, Raj. During the proceedings, Raj admits that he had indeed promised the property to Anita's father. Since Raj made this statement while he was still in a position to make such promises, it is considered an admission under Section 16(2)(iii) of The Bharatiya Sakshya...