Bharatiya Sakshya Adhiniyam, 2023
Section 19
Proof of admissions against persons making them, and by or on their behalf
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.
Why this exists
This rule comes from the old Indian Evidence Act, 1872 framework, carried forward into the Bharatiya Sakshya Adhiniyam, 2023. The logic is simple: people can easily manufacture self-serving statements to help themselves later, so courts distrust letting someone prove their own past words as evidence in their own favor. But there are genuine situations—dying declarations, contemporaneous records, statements showing state of mind, or facts relevant for other reasons—where fairness and reliability justify an exception.
How courts read it
Indian courts, interpreting the identical provision under Section 21 of the old Evidence Act, have consistently held that admissions are substantive evidence against the maker but self-serving statements are excluded unless they fall within a recognized exception. Courts have applied the 'state of mind' exception carefully, requiring genuine contemporaneous conduct to support the statement, and have used the 'business record' logic (as in the ship captain illustration) to admit regularly kept records as reliable evidence.
Common misconceptions
- Myth: A person can always use their own prior statements in court to support their case.
Fact: Generally, they cannot; the law blocks self-serving admissions except in three specific situations listed in the section. - Myth: Admissions are only relevant in civil cases like contracts or property disputes.
Fact: Admissions apply broadly, including criminal cases, as shown by the illustrations involving theft and counterfeit currency. - Myth: Any statement about one's own state of mind can be proved by that person.
Fact: Such statements are allowed only if made at or near the relevant time and backed by conduct that makes them believable, not just spoken words.