Section 18 of Bharatiya Sakshya Adhiniyam, 2023: Admissions by Persons Expressly Referred to by Party to Suit

Understand Section 18 BSA, 2023, with its meaning, statutory illustration, examples, legal principles and exam-oriented notes.

Introduction

Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with admissions made by persons to whom a party to a suit expressly refers for information concerning a matter in dispute. It forms part of Chapter II, which deals with the relevancy of facts.

In legal proceedings, a party may refer another person as a reliable source of information about a disputed matter. When a party expressly directs the opposing party to obtain information from that person, the statement made by the referred person may qualify as an admission under Section 18.

For example, A sells a horse to B. B wants to know whether the horse is healthy. A tells B to ask C, stating that C knows the horse’s condition. If C makes a statement about the horse’s health, that statement is an admission under the statutory illustration.

The provision is significant because the statement is made by someone other than the party to the suit. Its relevance arises from the party’s express reference to that person for information about the disputed matter.

Section 18 of the BSA substantially corresponds to Section 20 of the Indian Evidence Act, 1872.

Bare Act: Section 18 of the Bharatiya Sakshya Adhiniyam, 2023

Section 18 provides:

“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.”

The provision contains a specific rule concerning statements made by persons expressly referred to by a party for information about a disputed matter.

Unlike Section 16, which deals with admissions by parties, authorised agents and specified interested persons, Section 18 focuses on a person to whom a party expressly refers the opposing party for information concerning the dispute.

Meaning of Section 18 BSA

In simple terms, Section 18 means that when a party expressly directs another party to a particular person for information about a disputed matter, a statement made by that person may be treated as an admission.

The provision is based on the significance of the party’s express reference. The party identifies the person as someone who can provide information about the matter in dispute.

For example, A sells a machine to B. B asks whether the machine had previously been repaired. A tells B, “Ask C; C knows the machine’s repair history.” If C makes a statement about the repair history, that statement may qualify as an admission under Section 18.

The provision does not mean that every statement made by a third person becomes an admission. The statutory requirement is that the party must have expressly referred the other party to that person for information concerning the disputed matter.

Essential Elements of Section 18 BSA

1. There must be a matter in dispute

Section 18 applies when information is sought concerning a matter that is in dispute in the suit.

The disputed matter may relate to the quality of goods, the condition of property, the history of a transaction or another relevant fact.

2. A party must expressly refer the other party to a person

The referral must be express. The party must specifically direct the other party to the person for information concerning the disputed matter.

For example, saying “Ask C; C knows the condition of the machine” is an express reference.

Merely knowing C, being acquainted with C or mentioning C in an unrelated conversation does not automatically satisfy this requirement.

3. The reference must be for information concerning the disputed matter

The person must be referred to as a source of information about the particular issue in dispute.

For example, if the dispute concerns the soundness of a horse, the reference must relate to information about the horse’s condition.

A referral concerning an unrelated matter does not make every statement by that person an admission under Section 18.

Also Read: Section 16 of Bharatiya Sakshya Adhiniyam, 2023: Admission by Party to Proceeding or His Agent

4. The referred person’s statement is treated as an admission

When the statutory conditions are satisfied, the statement made by the referred person qualifies as an admission.

The significance of the provision is that the statement may be relevant against the party who expressly referred the other party to that person.

5. The admission is not necessarily conclusive

Section 18 establishes the relevance of the statement as an admission. It does not mean that the statement conclusively determines the disputed issue.

The court must consider the statement’s contents, the circumstances in which it was made and the other evidence in the case.

Statutory Illustration Under Section 18 BSA

The BSA provides the following 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.

Explanation of the illustration

A sells a horse to B. B wants to determine whether the horse is sound or suffers from a relevant defect.

A expressly directs B to C, identifying C as someone who knows about the horse’s condition. B obtains information from C.

Under Section 18, C’s statement qualifies as an admission because A expressly referred B to C for information concerning the disputed matter.

Legal principle: A party’s express reference to a person as a source of information concerning a disputed matter makes that person’s statement relevant as an admission.

Practical Examples of Section 18 BSA

Example 1: Sale of a Vehicle

A sells a used car to B. B asks whether the car has suffered a major accident. A replies, “Ask C; C knows the full accident history of this car.”

C tells B that the car was previously involved in a serious accident.

If the car’s accident history becomes a matter in dispute, C’s statement may qualify as an admission under Section 18 because A expressly referred B to C for that information.

Example 2: Condition of Machinery

A sells industrial machinery to B. B asks about its condition, and A says, “Speak to C; C knows whether the machinery has any major defects.”

C informs B that the machinery has a particular defect.

If the existence of that defect becomes disputed in a suit, C’s statement may qualify as an admission under Section 18.

Example 3: Ownership of Property

A sells a property to B. During negotiations, A tells B to obtain information from C, expressly identifying C as a person who knows the history of the property’s ownership.

C provides information concerning a previous transaction affecting the property.

If that information becomes relevant in a subsequent dispute, Section 18 may apply, provided the statutory requirements are satisfied.

Example 4: Quality of Goods

A supplies goods to B. When B asks about the quality of a particular batch, A expressly directs B to C, who is identified as having information about the batch’s inspection.

Also Read: Section 15 of Bharatiya Sakshya Adhiniyam, 2023: Admission Defined

C states that the batch failed a particular quality test.

If the quality of the goods becomes a matter in dispute, C’s statement may qualify as an admission under Section 18.

These examples illustrate the provision’s application. Whether a particular statement is admissible and what weight it deserves must be assessed in light of the circumstances and the other applicable rules of evidence.

Difference Between Section 16 and Section 18 of the BSA

Both provisions concern admissions, but they deal with different categories of persons.

Basis	Section 16 BSA	Section 18 BSA
Subject	Admissions by a party to proceedings or their agent, and specified interested persons	Admissions by persons expressly referred to by a party to a suit
Main focus	Statements by parties, authorised agents and certain persons with relevant interests	Statements by a person expressly identified as a source of information
Key requirement	Depends on the relevant category, authority, capacity or interest	Express reference for information concerning the disputed matter
Example	An authorised agent acknowledges a debt on behalf of a party	A seller directs a buyer to a person who knows the condition of the goods

Section 16 focuses on statements made by parties, authorised agents and specified interested persons. Section 18 addresses statements made by persons expressly referred to for information concerning the dispute.

Difference Between Section 18 and Section 19 of the BSA

Section 18 deals with statements made by persons expressly referred to by a party to a suit.

Section 19 concerns the proof of admissions against the persons making them and the limited circumstances in which admissions may be proved by or on behalf of the person who made them.

The two provisions therefore address different questions: Section 18 identifies a category of statements that qualify as admissions, while Section 19 governs how admissions may be proved.

Important Case Laws Relating to Section 18 BSA

Section 18 substantially corresponds to Section 20 of the Indian Evidence Act, 1872. The statutory illustration is the central authority for understanding the provision.

No Supreme Court or High Court judgment specifically interpreting Section 18 of the BSA has been identified for inclusion here. It is preferable to explain the statutory rule accurately rather than cite unrelated cases as though they directly interpret this provision.

For examinations, students should focus on the wording of Section 18, the statutory illustration concerning the horse, and the requirement of an express reference for information concerning a matter in dispute.

Importance of Section 18 for Law Students

Section 18 is important because it explains how a statement made by a third person may qualify as an admission in a suit.

The key points to remember are:

• Section 18 of the BSA substantially corresponds to Section 20 of the Indian Evidence Act, 1872.
• It deals with statements made by persons expressly referred to by a party to a suit.
• The reference must be for information concerning a matter in dispute.
• The statutory illustration concerns the soundness of a horse sold by A to B.
• The referred person’s statement qualifies as an admission under the statutory rule.
• The provision does not make every statement by a third person an admission.
• Section 18 must be distinguished from Section 16, which deals with admissions by parties, agents and specified interested persons.
• Section 19 separately governs the proof of admissions.

Frequently Asked Questions (FAQs)

1. What is Section 18 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 18 provides that statements made by persons to whom a party to the suit has expressly referred for information concerning a matter in dispute are admissions.

2. Which section of the Indian Evidence Act corresponds to Section 18 BSA?

Section 18 of the BSA substantially corresponds to Section 20 of the Indian Evidence Act, 1872.

3. What is the main requirement under Section 18?

A party to the suit must expressly refer the other party to a person for information concerning a matter in dispute.

4. What is the statutory illustration under Section 18?

The illustration concerns a dispute over whether a horse sold by A to B is sound. A tells B to ask C because C knows about the horse’s condition. C’s statement is an admission.

5. Does every statement by a third person become an admission?

No. The person must have been expressly referred to by a party for information concerning the matter in dispute.

6. Is an admission under Section 18 conclusive proof?

No. The statement qualifies as an admission, but the court must evaluate its meaning, context and evidentiary value along with the other evidence.

7. What is the difference between Sections 16 and 18 BSA?

Section 16 deals with admissions by parties, authorised agents and specified interested persons. Section 18 deals with statements made by persons expressly referred to for information concerning a matter in dispute.

Conclusion

Section 18 of the Bharatiya Sakshya Adhiniyam, 2023 deals with admissions made by persons expressly referred to by a party to a suit for information concerning a matter in dispute. Its statutory illustration demonstrates the principle through a dispute about the soundness of a horse sold by one party to another.

The central requirement is an express reference to a person as a source of information about the disputed matter. When that requirement is satisfied, the referred person’s statement qualifies as an admission under the provision. However, the court must still evaluate the statement and its evidentiary value in the context of the case.

For examinations, remember the statutory definition, the horse illustration, the express-reference requirement and the distinction between Sections 16, 18 and 19 of the BSA.

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