Bharatiya Sakshya Adhiniyam

Section 18

Admissions by persons expressly referred to by party to suit

⚡ Quick Answer Reference: Section 18 BSA

Provision: Section 18 of BSA
Act: Bharatiya Sakshya Adhiniyam
Classification: RELEVANCY OF FACTS
Jurisdiction: India
Summary: This section says that if a party to a lawsuit tells someone to ask another person for information about a matter in dispute, what that other person says can be used as an admission in court.

Statutory Content

What does Section 18 of BSA say?

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. The question is, whether a horse sold by A to B is sound. A says to B— “Go and ask C, C knows all about it”. C's statement is an admission. Illustration.

Indian StandardSection 18, Bharatiya Sakshya Adhiniyam

Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 18 (India)

Court Pleading StandardSection 18 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 18 of BSA mean?

Plain English Explanation

This section says that if a party to a lawsuit tells someone to ask another person for information about a matter in dispute, what that other person says can be used as an admission in court.

Practical Interpretation

In practice, this section means that if a party refers someone to another person for information, the statement made by that other person can be considered an admission, which can be used as evidence in the lawsuit.

Core Legal Purpose

The core purpose of this section is to provide a rule of evidence that allows statements made by persons referred to by a party to be considered admissions, which can help to establish facts in a lawsuit.

Key Legal Elements

•A party to the suit must have expressly referred someone to another person for information.
•The referral must be in reference to a matter in dispute.
•The statement made by the person referred to must be relevant to the matter in dispute.
•There is no exception or limitation specified in this section.

Practical Example

Practical Example of Section 18 BSA

Rajesh is suing Priya for selling him a horse that he claims is not sound. During the lawsuit, Priya tells Rajesh to ask Amit, a veterinarian, about the horse's condition. Amit tells Rajesh that the horse has a pre-existing condition that affects its soundness. In this scenario, Amit's statement can be considered an admission under this section, as Priya referred Rajesh to Amit for information about the horse's condition.

Common Questions (FAQ)

Frequently Asked Questions about Section 18 BSA

Q: What is the punishment or consequence under Section 18 of BSA?

This section is a procedural provision and does not prescribe a penal punishment.

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

This section applies to parties to a suit, which can include both private individuals and public entities.

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

This section is not related to criminal offences, so it is neither bailable nor cognizable.

Common Questions about Section 18 BSA

What is Section 18 of BSA?

Section 18 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Admissions by persons expressly referred to by party to suit". In plain terms: This section says that if a party to a lawsuit tells someone to ask another person for information about a matter in dispute, what that other person says can be used as an admission in court.

What are the elements of Section 18 of BSA?

The essential elements of Section 18 of BSA are: A party to the suit must have expressly referred someone to another person for information.; The referral must be in reference to a matter in dispute.; The statement made by the person referred to must be relevant to the matter in dispute..

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