BSA Section 19 — Proof of admissions against persons making them, and by or on their behalf

Summary

Admissions are generally relevant and can be proved against the person who makes them, or against that person's representative in interest. However, they cannot be proved by or on behalf of the person who makes them, or by that person's representative in interest, except in the specific cases listed below.

Sub-section (1): An admission may be proved by or on behalf of the person making it when the admission is of such a nature that, if that person were dead, it would be relevant as between third persons under section 26.

Sub-section (2): An admission may be proved by or on behalf of the person making it when it consists of a statement about the existence of any state of mind or body, which is relevant or in issue, made at or about the time when that state of mind or body existed, and the statement is accompanied by conduct that makes its falsehood improbable.

Sub-section (3): An admission may be proved by or on behalf of the person making it if it is relevant for some reason other than being an admission.

Illustration (a): In a dispute between A and B over whether a deed is forged, A can prove a statement by B that the deed is genuine, and B can prove a statement by A that the deed is forged. But A cannot prove his own statement that the deed is genuine, and B cannot prove his own statement that the deed is forged.

Illustration (b): A, a ship captain, is tried for deliberately wrecking his ship. Evidence shows the ship went off course. A produces a book he kept in the ordinary course of business, showing daily observations indicating the ship was not off course. A may prove these statements because, if he were dead, they would be admissible between third parties under clause (b) of section 26.

Illustration (c): A is accused of a crime committed in Kolkata. He produces a letter he wrote, dated in Chennai on that day, with a Chennai postmark of that day. The statement of the date in the letter is admissible because, if A were dead, it would be admissible under clause (b) of section 26.

Illustration (d): A is accused of receiving stolen goods knowing they were stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, even though they are admissions, because they explain conduct influenced by facts in issue.

Illustration (e): A is accused of fraudulently possessing counterfeit currency that he knew was counterfeit. He offers to prove that he asked a skilled person to examine the currency because he doubted whether it was counterfeit, and that person examined it and told him it was genuine. A may prove these facts.

Official Text

Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:—

(1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26;

(2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable;

(3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.

Illustrations.

(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

(b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26.

(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26.

(d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.

(e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts.

Sections referred to

• BSA §26 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant

Old <-> New Code Mapping

• IEA §21 — Proof of admissions against persons making them, and by or on their behalf