Section 19 of BSA : Section 19: Proof of admissions against persons making them, and by or on their behalf.

Explanation using Example

Example 1:

Scenario: Raj is accused of forging a property deed. During the investigation, Raj claims that the deed is genuine, while the opposing party, Priya, claims it is forged.

Application of Section 19:

• Raj can prove a statement made by Priya where she admitted that the deed is genuine.
• Priya can prove a statement made by Raj where he admitted that the deed is forged.
• However, Raj cannot use his own statement to prove that the deed is genuine, nor can Priya use her own statement to prove that the deed is forged.

Example 2:

Scenario: Captain Arjun is on trial for allegedly causing his ship to deviate from its proper course, leading to its wreck.

Application of Section 19:

• Arjun presents a logbook maintained by him in the ordinary course of his business, showing daily observations that indicate the ship was on its proper course.
• This logbook can be used as evidence because, if Arjun were dead, it would be admissible between third parties under clause (b) of section 26.

Example 3:

Scenario: Sita is accused of committing a crime in Mumbai on a specific date. She produces a letter she wrote on that date, which is postmarked from Delhi.

Application of Section 19:

• The date on the letter is admissible as evidence because, if Sita were dead, it would be admissible under clause (b) of section 26.

Example 4:

Scenario: Ravi is accused of knowingly receiving stolen goods. He wants to prove that he refused to sell the goods below their market value.

Application of Section 19:

• Ravi can use his statement about refusing to sell the goods below their value as evidence. This is because the statement explains his conduct influenced by the facts in issue.

Example 5:

Scenario: Meera is accused of possessing counterfeit currency, which she allegedly knew was fake. She wants to prove that she asked an expert to examine the currency because she doubted its authenticity, and the expert told her it was genuine.

Application of Section 19:

• Meera can use her statement about asking an expert to examine the currency and the expert's response as evidence. This is because the statement is explanatory of her conduct influenced by the facts in issue.