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PART II · CHAPTER II RELEVANCY OF FACTS · Admissions

Section 17: Admissions by persons whose position must be proved as against party to suit

The Bharatiya Sakshya Adhiniyam, 2023

Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.

Illustration.

A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

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

2 questions in 6 of our papers cite Section 17. Try these from the free papers:

  1. 1. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that any rent was due from C to B. B relies on a statement made by C, while C was a tenant liable to pay that rent, that he owed rent to B. C's statement is:

Practise questions on Bharatiya Sakshya Adhiniyam