Bharatiya Sakshya Adhiniyam

Section 17

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

⚡ Quick Answer Reference: Section 17 BSA

Provision: Section 17 of BSA
Act: Bharatiya Sakshya Adhiniyam
Classification: RELEVANCY OF FACTS
Jurisdiction: India
Summary: This section says that statements made by people whose position or liability is being questioned in a lawsuit can be used as evidence against them if those statements are relevant to their position or liability.

Statutory Content

What does Section 17 of BSA say?

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.

Indian StandardSection 17, Bharatiya Sakshya Adhiniyam

Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 17 (India)

Court Pleading StandardSection 17 of the Bharatiya Sakshya Adhiniyam

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

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Section Meaning & Purpose

What does Section 17 of BSA mean?

Plain English Explanation

This section says that statements made by people whose position or liability is being questioned in a lawsuit can be used as evidence against them if those statements are relevant to their position or liability.

Practical Interpretation

In practice, this section allows courts to consider statements made by individuals whose role or responsibility is in dispute, as long as those statements are pertinent to the issue at hand and were made while the person was in that role or under that liability.

Core Legal Purpose

The main goal of this provision is to ensure that relevant statements made by individuals whose position or liability is crucial to a lawsuit can be admitted as evidence, thereby aiding in the just resolution of the case.

Key Legal Elements

•The person making the statement must have a position or liability that is necessary to prove against a party to the suit.
•The statement must be relevant to the person's position or liability in relation to the suit.
•The statement must be made while the person occupies the position or is subject to the liability.
•There is no explicit exception or limitation stated in this section, but the statement's admissibility depends on its relevance and the person's position or liability.

Practical Example

Practical Example of Section 17 BSA

For instance, if Rohan is sued by Priya for not collecting rent from Amit, and Rohan denies that Amit owed rent to Priya, a statement by Amit admitting that he owed rent to Priya could be used as an admission against Rohan, if Rohan denies Amit's liability, illustrating how this section applies in disputes over liability and responsibility.

Common Questions (FAQ)

Frequently Asked Questions about Section 17 BSA

Q: What is the punishment or consequence under Section 17 of BSA?

This section is a procedural provision and does not prescribe a penal punishment. It deals with the admissibility of certain statements as evidence.

Q: Does this section apply to private individuals or public entities?

The section applies to any person whose position or liability is necessary to prove as against a party to the suit, regardless of whether they are a private individual or a public entity.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with criminal offences, so it is neither bailable nor cognizable. It is a civil procedural provision related to evidence.

Common Questions about Section 17 BSA

What is Section 17 of BSA?

Section 17 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Admissions by persons whose position must be proved as against party to suit". In plain terms: This section says that statements made by people whose position or liability is being questioned in a lawsuit can be used as evidence against them if those statements are relevant to their position or liability.

What are the elements of Section 17 of BSA?

The essential elements of Section 17 of BSA are: The person making the statement must have a position or liability that is necessary to prove against a party to the suit.; The statement must be relevant to the person's position or liability in relation to the suit.; The statement must be made while the person occupies the position or is subject to the liability..

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