The Bharatiya Sakshya Adhiniyam, 2023
ARRANGEMENT OF SECTIONS
PART II
CHAPTER II: RELEVANCY OF FACTS
Admissions
Section 21: Admissions in civil cases when relevant.
Bare Act
In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation. - Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.
Simplified Act
- In civil cases, any admission (statement accepting something as true) is not considered relevant if:
- It was made with a clear condition that it should not be used as evidence.
- It was made in a situation where the Court can underst… Read the complete text with KanoonGPT Pro.
Explanation using examples
Example 1:
Ravi and Suresh are involved in a civil dispute over a piece of land. During a private negotiation, Ravi admits to Suresh that he does not have the original documents proving his ownership of the land. However, Ravi makes this admission on the condition that Suresh will not use this admission as evidence in court. Later, when the case goes to court, Suresh tries to present Ravi's admission as evidence. According to Section 21 of The Bharatiya Sakshya Adhiniyam 2023, this admission is not relevant because it was made on the express condition that it would not be used as evidence.
Example 2:
Priya and Anil are in a civil lawsuit regarding a breach of contract. During a mediation session, Priya admits that she did not fulfill her part of the contract. However, the mediation session was conducted under the understanding that all discussions would remain confidential and not be used as evidence in court. When Anil tries to use Priya's admission in court, the judge rules it inadmissible based on Section 21 of The Bharatiya Sakshya Adhiniyam 2023, as the admission was made under circumstances indicating that it should not be used as evidence.
Example 3:
During a settlement discussion, Meera admits to Rajesh that she owes him money but insists that this admission should not be used in court. Rajesh agrees to this condition. Later, when the case is brought to court, Rajesh attempts to use Meera's admission as evidence. The court, referring to Section 21 of The Bharatiya Sakshya Adhiniyam 2023, determines that the admission is not relevant because it was made with the express condition that it would not be used as evidence.
Example 4:
In a civil case involving a property dispute, Arjun admits to his neighbor, Neha, that he encroached on her land. This admission is made during a confidential settlement meeting where both parties agree that nothing discussed will be used in court. When Neha tries to introduce Arjun's admission as evidence, the court rules it inadmissible under Section 21 of The Bharatiya Sakshya Adhiniyam 2023, as the admission was made under circumstances indicating it should not be used as evidence.
