Bharatiya Sakshya Adhiniyam

Section 20

When oral admissions as to contents of documents are relevant

⚡ Quick Answer Reference: Section 20 BSA

Provision: Section 20 of BSA
Act: Bharatiya Sakshya Adhiniyam
Classification: RELEVANCY OF FACTS
Jurisdiction: India
Summary: This section says that what someone says about what's in a document isn't considered relevant unless they can show they're allowed to use secondary evidence of the document or if the document's authenticity is being questioned.

Statutory Content

What does Section 20 of BSA say?

Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question.

Indian StandardSection 20, Bharatiya Sakshya Adhiniyam

Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 20 (India)

Court Pleading StandardSection 20 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 20 of BSA mean?

Plain English Explanation

This section says that what someone says about what's in a document isn't considered relevant unless they can show they're allowed to use secondary evidence of the document or if the document's authenticity is being questioned.

Practical Interpretation

In practice, this means a party must first establish their right to present secondary evidence of a document's contents or challenge the document's genuineness before their oral admissions about the document can be considered.

Core Legal Purpose

The purpose is to ensure that oral statements about a document's contents are reliable and relevant, by requiring a basis for their admissibility, such as the right to secondary evidence or a challenge to the document's authenticity.

Key Legal Elements

•The party proposing to prove oral admissions must show entitlement to give secondary evidence of the document's contents.
•The genuineness of a produced document must be in question.
•The key legal test is whether the party can establish their right to secondary evidence or challenge the document's authenticity.
•A key exception is when the document's authenticity is not in question and the party cannot show entitlement to secondary evidence.

Practical Example

Practical Example of Section 20 BSA

Rajesh is suing Priya over a contract dispute. Rajesh wants to admit what Amit said about the contract terms. However, under Section 20, Rajesh must first show he's entitled to secondary evidence of the contract or question the contract's authenticity before Amit's statements can be considered relevant. If Rajesh can't meet this condition, Amit's oral admissions about the contract terms won't be admissible.

Common Questions (FAQ)

Frequently Asked Questions about Section 20 BSA

Q: What is the punishment or consequence under Section 20 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 any party proposing to prove oral admissions about a document's contents, regardless of whether they are private individuals or public entities.

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

This section is a procedural/definitional provision and does not classify an offence as bailable or cognizable.

Common Questions about Section 20 BSA

What is Section 20 of BSA?

Section 20 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "When oral admissions as to contents of documents are relevant". In plain terms: This section says that what someone says about what's in a document isn't considered relevant unless they can show they're allowed to use secondary evidence of the document or if the document's authenticity is being questioned.

What are the elements of Section 20 of BSA?

The essential elements of Section 20 of BSA are: The party proposing to prove oral admissions must show entitlement to give secondary evidence of the document's contents.; The genuineness of a produced document must be in question.; The key legal test is whether the party can establish their right to secondary evidence or challenge the document's authenticity..

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