Law of evidence in India
Section 20 of the Indian Evidence Act: Admissions by Persons Expressly Referred to by a Party
Section 20 of the Indian Evidence Act, 1872 deals with statements made by a person whom a party to a suit has expressly identified as a source of information on a disputed matter. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 18.
Section 20, Indian Evidence Act, 1872 - Statutory provision
Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
Illustration in the Act
The question is whether a horse sold by A to B is sound.
A says to B: "Go and ask C, C knows all about it."
C's statement is an admission.
Section 18, Bharatiya Sakshya Adhiniyam, 2023
Section 18 of the BSA, headed "Admissions by persons expressly referred to by party to suit", carries forward the rule in former Section 20. Its operative provision and the horse-sale illustration are materially the same.
Read the authoritative text in the official Bharatiya Sakshya Adhiniyam, 2023 PDF (India Code). The National Crime Records Bureau's BSA section index also lists Section 18 under admissions.
Meaning and essential requirements
An admission by express reference arises when a litigating party specifically directs another person to obtain information about a disputed issue from an identified third person. The third person's relevant statement may then be treated as an admission under this special rule.
- A party to the suit makes the reference: the connection must be attributable to a party.
- The reference is express: the party identifies the person to be consulted as a source of information.
- The information concerns a matter in dispute: the statement must relate to the issue for which the person was referred.
- The referred person makes a statement: the statement must be established through legally admissible proof.
A casual mention of someone's name is not necessarily an express reference for information. The precise words, surrounding circumstances and subject of the referral matter.
How the statutory illustration works
Suppose A sells a horse to B and the parties dispute whether the horse was sound. A tells B to ask C because C knows all about the horse. If C gives information on its soundness, that statement is relevant as an admission arising from A's reference. The illustration does not mean that every statement made by C on unrelated subjects is automatically an admission.
Evidentiary effect and limitations
The provision makes a qualifying statement relevant as an admission; it does not dispense with the need to prove that the reference and statement occurred. The court assesses the statement in context, together with the other evidence. The general rule governing proof of admissions appears in Section 19 of the BSA (formerly Section 21 of the Indian Evidence Act).
Admissions are important evidence but are not invariably conclusive proof. Questions of estoppel, authenticity, context and evidentiary weight must be evaluated under the applicable law.
Which provision applies after 1 July 2024?
For proceedings governed by the BSA, cite Section 18 of the Bharatiya Sakshya Adhiniyam, 2023. For trials, applications, appeals, inquiries, investigations or proceedings pending immediately before commencement, the savings rule in Section 170 requires consideration of the Indian Evidence Act, 1872. The applicable provision therefore depends on the procedural history of the case, not simply the date on which a statement was made.
Frequently asked questions
What is Section 20 of the Indian Evidence Act?
It concerns admissions made by persons expressly referred to by a party to a suit for information on a disputed matter.
What is the corresponding provision in the new evidence law?
Section 18 of the Bharatiya Sakshya Adhiniyam, 2023.
Is the referred person's statement automatically decisive?
No. Its admissibility, proof, context and legal effect remain subject to the applicable rules of evidence.
Official legal sources
Bharatiya Sakshya Adhiniyam, 2023 - official text and NCRB BSA provisions index.