Bharatiya Sakshya Adhiniyam

Section 21

Admissions in civil cases when relevant

⚡ Quick Answer Reference: Section 21 BSA

Provision: Section 21 of BSA
Act: Bharatiya Sakshya Adhiniyam
Classification: RELEVANCY OF FACTS
Jurisdiction: India
Summary: This section says that in civil cases, admissions made under certain conditions are not relevant. This includes admissions made with the express condition that they won't be used as evidence or when it's clear that the parties agreed not to use them as evidence.

Statutory Content

What does Section 21 of BSA say?

In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.

Indian StandardSection 21, Bharatiya Sakshya Adhiniyam

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

Court Pleading StandardSection 21 of the Bharatiya Sakshya Adhiniyam

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

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Section Meaning & Purpose

What does Section 21 of BSA mean?

Plain English Explanation

This section says that in civil cases, admissions made under certain conditions are not relevant. This includes admissions made with the express condition that they won't be used as evidence or when it's clear that the parties agreed not to use them as evidence.

Practical Interpretation

In practice, this section means that courts will not consider admissions made under specific conditions as evidence in civil cases, ensuring that parties' agreements about what can be used as evidence are respected.

Core Legal Purpose

The core purpose is to uphold the integrity of evidence in civil cases by excluding admissions made under conditions where their use as evidence was not intended by the parties involved.

Key Legal Elements

•An express condition that evidence of the admission is not to be given
•Circumstances from which the Court can infer that the parties agreed not to give evidence of the admission
•The court's ability to infer an agreement between parties not to use the admission as evidence
•The exception for advocates who may be compelled to give evidence under specific circumstances

Practical Example

Practical Example of Section 21 BSA

Rajesh and Priya are in a civil dispute. During a meeting, Rajesh admits to something but explicitly states that his admission should not be used as evidence. If the court finds that Rajesh and Priya had an understanding that this admission would not be used as evidence, then under Section 21, this admission would not be considered relevant in their civil case.

Common Questions (FAQ)

Frequently Asked Questions about Section 21 BSA

Q: What is the punishment or consequence under Section 21 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 admissions made in civil cases, which can involve both private individuals and public entities.

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

This section is not related to criminal offenses and thus does not pertain to bailable or cognizable classifications.

Common Questions about Section 21 BSA

What is Section 21 of BSA?

Section 21 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Admissions in civil cases when relevant". In plain terms: This section says that in civil cases, admissions made under certain conditions are not relevant. This includes admissions made with the express condition that they won't be used as evidence or when it's clear that the parties agreed not to use them as evidence.

What are the elements of Section 21 of BSA?

The essential elements of Section 21 of BSA are: An express condition that evidence of the admission is not to be given; Circumstances from which the Court can infer that the parties agreed not to give evidence of the admission; The court's ability to infer an agreement between parties not to use the admission as evidence.

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