Law Maker

PART II · CHAPTER II RELEVANCY OF FACTS · Admissions

Section 16: Admission by party to proceeding or his agent

The Bharatiya Sakshya Adhiniyam, 2023

(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) (a) 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

(b) 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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

6 questions in 12 of our papers cite Section 16. Try these from the free papers:

  1. 1. Under Section 16(2) of the BSA, statements made by parties to suits suing or sued in a representative character are admissions only if:

  2. 2. Consider the following statements with reference to Section 16 of the BSA: 1. A statement by the person from whom a party to the suit derived his interest in the subject-matter is an admission even if it was made after that person had parted with the interest. 2. A statement by a person who has a pecuniary interest in the subject-matter of the proceeding, made in his character as a person so interested, is an admission if made during the continuance of that interest. 3. A statement by an agent of a party is an admission if the Court regards the agent, in the circumstances of the case, as expressly or impliedly authorised by the party to make it. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam