Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) showcases the rules relating to the usage of admissions as evidence in legal proceedings of the court. As defined under Section 15 of BSA,Admissions are statements made by a person that acknowledge certain facts of the case which can significantly affect the result of a case. This section of BSA tells that, when an admission be used against the person who made them and by or on their behalf .(Earlier under Section 21 of Indian Evidence Act)
Proof of Admissions against persons making them, and by or on their behalf (section 19 of BSA)
What is Section 19 of the BSA?
Admissibility of admissions in legal proceedings are provided under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) . This section tells that admissions can be used as evidence against the person who is making them and their representative.
Under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA),it is provided that if an admission is made against the interest of the maker or anyone acting on his behalf will be considered to be relevant.The principle behind this is that admission is evidence against the party who has made the admission and it can be proved against that person.
Self-harming admissions are relevant under Bharatiya Sakshya Adhiniyam,2023 (BSA)BSA because the rule of law is that if a person makes certain statements against his own interest,it will be considered that the statement must be true.
Key Components of Section 19 of BSA
- Against the maker of an admission:– Admissions are relevant facts and can be used as evidence against the person who is making it or their representative.
- By or on Behalf of the Person Who Made the Admission:-Admissions cannot be used by the person who made them or their representative to support their case, because of some specific exceptions provided in the section.
Exceptions of Section 19 of BSA
Under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA),only self harming admissions are relevant and not self serving ones.It also further states that admissions cannot be proved by or on behalf of the person who makes it except in the conditions provided under that particular section.
Three circumstances are provided under section 19 of BSA where self serving statements can be proved,they are as under :-
- Under Section 26 of BSA ,if the statements made by the person would be admissible as against the third person if the maker were dead.
- The statement relates to the state of mind or body and when such a state of mind or body existed.That state of mind or body should be accompanied by the conduct which renders its falsehood improbable.
- Where admission is otherwise relevant than as admission. Example:- Section 4 of the BSA where statements form the part of the same transaction and are admissible.
Examples
- Forgery : A dispute arising regarding whether a deed is forged or not, where one party can use a statement by the other party admitting the deed’s genuineness. But they cannot use their own statement to support their point.
- Ship Captain : The logs maintained by the captain of the ship who is been on trial for misdirecting the ship can be shown kept in the ordinary course of business to show proper navigation, as these records would be admissible if the captain were dead.
- Plea of Alibi : A person accused of a crime can show a letter written by him from a different city on that particular crime’s date, as these letter would be relevant if the person were dead.
- Stolen Goods : An accused person’s refusal to sell goods below the value, to show they did not know the goods were stolen.
- Counterfeit Currency : An accused person can use their actions by asking an expert to examine currency, showing they doubted if it is real or fake.
Why is this Important?
The rules for admissions under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA), is an important factor for ensuring that evidence used in the legal proceedings are fair and accurate. It helps in preventing manipulation and sees that admissions are only used in a manner that reflects their true relevance and reliability. This promotes justice and fairness in the legal process of the court .
Section 19 of the BSA discusses when admissions can be used against the person who made them and how they can be used for their benefit. By proper guidelines and exceptions,section 19 of BSA helps in maintaining fairness in legal proceedings.
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