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BSA, 2023
Start Practicing
BSAChapter IISection 18
Section18

Admissions by persons expressly referred to by party to suit

AI Assist

Summary

If a party to a suit expressly points others to a specific person for information about the matter in dispute, what that person says is treated as an admission by the party. It applies when the party has clearly referred someone to be consulted about the specific issue. The consequence is that the referred person's statement can be used as evidence against the referring party.

Example

Rohan sues a shop claiming a mixer he bought was defective. The shopkeeper tells Rohan, "Ask Meera, she knows about its condition." Meera tells the court the mixer was faulty. Meera's statement counts as an admission and can be used against the shopkeeper.

Bare Act

Enacted text

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.

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.

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II

Chapter II

Relevancy of Facts

In this chapter

  • 3Evidence may be given of facts in issue and relevant facts
  • 4Relevancy of facts forming part of same transaction
  • 5Facts which are occasion, cause or effect of facts in issue or relevant facts
  • 6Motive, Preparation and previous or subsequent conduct
  • 7Facts necessary to explain or introduce fact in issue or relevant facts
  • 8Things said or done by conspirator in reference to common design
  • 9When facts not otherwise relevant become relevant
  • 10Facts tending to enable Court to determine amount are relevant in suits for damages
  • 11Facts relevant when right or custom is in question
  • 12Facts showing existence of state of mind, or of body or bodily feeling
  • 13Facts bearing on question whether act was accidental or intentional
  • 14Existence of course of business when relevant
  • 15Admission defined
  • 16Admission by party to proceeding or his agent
  • 17Admissions by persons whose position must be proved as against party to suit
  • 18Admissions by persons expressly referred to by party to suit
  • 19Proof of admissions against persons making them, and by or on their behalf
  • 20When oral admissions as to contents of documents are relevant
  • 21Admissions in civil cases when relevant
  • 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
  • 23Confession to police officer
  • 24Consideration of proved confession affecting person making it and others jointly under trial for same offence
  • 25Admissions not conclusive proof, but may estop
  • 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  • 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
  • 28Entries in books of account when relevant
  • 29Relevancy of entry in public record or an electronic record made in performance of duty
  • 30Relevancy of statements in maps, charts and plans
  • 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  • 32Relevancy of statements as to any law contained in law books including electronic or digital form
  • 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  • 34Previous judgments relevant to bar a second suit or trial
  • 35Relevancy of certain judgments in probate, etc., jurisdiction
  • 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
  • 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
  • 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  • 39Opinions of experts
  • 40Facts bearing upon opinions of experts
  • 41Opinion as to handwriting and signature, when relevant
  • 42Opinion as to existence of general custom or right, when relevant
  • 43Opinion as to usages, tenets, etc., when relevant
  • 44Opinion on relationship, when relevant
  • 45Grounds of opinion, when relevant
  • 46In civil cases character to prove conduct imputed, irrelevant
  • 47In criminal cases previous good character relevant
  • 48Evidence of character or previous sexual experience not relevant in certain cases
  • 49Previous bad character not relevant, except in reply
  • 50Character as Affecting damages
Previous · Section 17Admissions by persons whose position must be proved as against party to suitNext · Section 19Proof of admissions against persons making them, and by or on their behalf