Section 53 of BSA : Section 53: Facts admitted need not be proved.

The Bharatiya Sakshya Adhiniyam, 2023

Bare Act

  • ARRANGEMENT OF SECTIONS
  • PART III: ON PROOF
  • CHAPTER III: FACTS WHICH NEED NOT BE PROVED

No fact needs to 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.

Simplified Act

  1. In any legal case, you don't need to prove a fact if:

    • Both sides or their representatives agree it's true during the hearing.
    • Both sides agree it's true in writing before the hearing.
    • The rules say th...

Explanation using Example

Example 1:

Scenario: Property Dispute

Context: Raj and Simran are involved in a property dispute over a piece of land. During the court proceedings, both parties agree in writing that the land in question was purchased by their grandfather and that they are the legal heirs.

Application of Section 53: Since both Raj and Simran have admitted in writing that the land was purchased by their grandfather and they are the legal heirs, this fact does not need to be proved in court. The court can proceed with the case based on this admission, unless it decides to require further proof at its discretion.

Example 2:

Scenario: Breach of Contract

Context: A company, XYZ Pvt. Ltd., and a supplier, ABC Traders, are in a legal dispute over a breach of contract. During the hearing, both parties agree that the contract was signed on 1st January 2022 and that the terms included a delivery schedule of 100 units per month.

Application of Section 53: Since both XYZ Pvt. Ltd. and ABC Traders have admitted these facts during the hearing, these facts do not need to be proved in court. The court can rely on these admissions to focus on the actual breach of contract issue, unless it decides to require additional proof.

Example 3:

Scenario: Personal Injury Claim

Context: Priya files a personal injury claim against a driver, Arjun, for an accident that occurred on 15th March 2023. Both parties agree in their pleadings that the accident took place at the intersection of MG Road and Brigade Road.

Application of Section 53: Since Priya and Arjun have admitted in their pleadings that the accident occurred at the specified location, this fact does not need to be proved in court. The court can ...

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