Section 19 of the Indian Evidence Act: Admissions by Persons Whose Position Must Be Proved
Section 19 of the Indian Evidence Act, 1872 addressed admissions by a person whose position or liability must be established against a party to a suit. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 17.
What is an admission under this provision?
An admission is a statement capable of suggesting an inference about a fact in issue or a relevant fact, when made by a person and in circumstances recognised by evidence law. Under this particular rule, a statement by a person who is not necessarily a party to the suit may be relevant because that person's own position or liability is a necessary link in the dispute.
Section 19 of the Indian Evidence Act, 1872: statutory rule
Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and they are made whilst the person making them occupies such position or is subject to such liability.
The provision focuses on statements about an existing position or liability, made while the maker occupied that position or was subject to that liability. Section 17 of the BSA carries forward this substantive rule.
Conditions for relevance
- Necessary position or liability: The position or liability of the statement-maker must need to be proved against a party to the suit.
- Relevance against the maker: The statement must be one that would be relevant against the maker in litigation brought by or against that person concerning that position or liability.
- Timing: The statement must have been made while the person occupied the relevant position or was subject to the liability.
- Connection with the dispute: The admission must relate to the position or liability whose proof is necessary in the suit.
Statutory illustration: collection of rent
A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.
Explanation of the illustration
B's claim against A depends in part on whether C owed rent to B. C's acknowledgment of that liability can be relevant against A under this rule, provided the statutory conditions are met. The statement does not, merely by being an admission, conclusively establish that rent was due; its proof, weight and any other applicable evidentiary rules remain relevant.
Corresponding provision: Section 17 of the BSA, 2023
Section 17 - Admissions by persons whose position must be proved as against party to suit preserves the same principle and rent-collection illustration. It appears in Chapter II of the BSA, under the provisions relating to admissions.
Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF) for the statutory text, including Sections 15 to 19 and Section 170.
Related provisions on admissions
Section 15 of the BSA defines an admission; Section 16 deals with admissions by parties and their agents; Section 18 concerns statements by persons expressly referred to by a party; Section 19 governs proof of admissions against their makers and specified exceptions. These provisions should be read together where relevant.
For historical references, see Section 17 of the Indian Evidence Act (admission defined), Section 18 (parties and agents), and Section 20 (persons expressly referred to).
Frequently asked questions
Which BSA section corresponds to Section 19 of the Indian Evidence Act?
Section 17 of the Bharatiya Sakshya Adhiniyam, 2023.
Can a statement by a non-party be an admission?
Yes. This provision recognises certain statements by persons whose position or liability must be established in the suit, subject to the statutory conditions.
Does an admission automatically prove liability?
No. An admission is relevant evidence, but its evidentiary weight and legal effect must be assessed with the remaining record and applicable law.