BSA Section 16 — Admission by party to proceeding or his agent

Summary

Sub-section (1) explains that a statement made by a party to the proceeding, or by an agent of that party, counts as an admission if the Court considers that the agent was expressly or impliedly authorised by the party to make that statement, given the circumstances of the case.

Sub-section (2) covers statements made by certain other people. Under clause (i), statements made by parties who are suing or being sued in a representative character (such as acting on behalf of others) are not admissions, unless the person making the statement held that representative character at the time the statement was made.

Under clause (ii), statements made by two types of people are admissions if they are made during the continuance of the interest of the person making the statement. These are: (a) persons who have a proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their capacity as such an interested person; and (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit.

Official Text

(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.

(2) Statements made by—

(i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or

(ii)

(a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or

(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.

Old <-> New Code Mapping

• IEA §18 — Admission by party to proceeding or his agent