Section 17 of Bharatiya Sakshya Adhiniyam, 2023: Admissions by Persons Whose Position Must Be Proved as Against a Party to Suit

Understand Section 17 BSA, 2023, with its legal provisions, statutory illustration, examples, case laws and exam-oriented notes.

Introduction

Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with admissions made by persons whose position or liability must be established against a party to a suit. It is part of Chapter II, which governs the relevancy of facts.

In certain legal disputes, a party’s liability depends on proving the position or liability of another person. A statement made by that other person may become relevant when it concerns their own position or liability and satisfies the conditions prescribed by the law of evidence.

For example, A appoints B to collect rent from C on A’s behalf. A later sues B for failing to collect the rent. B denies that C owed any rent to A. If C had stated that C owed rent to A while the relevant liability existed, that statement may be relevant against B under Section 17.

The provision recognises that statements made by persons whose position or liability must be proved in a dispute may help establish the facts on which a party’s claim or defence depends.

Section 17 of the BSA substantially corresponds to Section 19 of the Indian Evidence Act, 1872.

Bare Act: Section 17 of the Bharatiya Sakshya Adhiniyam, 2023

Section 17 provides:

“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 if they are made whilst the person making them occupies such position or is subject to such liability.”

The provision contains three important requirements:

1. The person’s position or liability must be necessary to prove against a party to the suit.
2. The statement must be relevant against that person in a suit brought by or against them concerning that position or liability.
3. The statement must have been made while the person occupied that position or was subject to that liability.

All three requirements must be considered when applying the section.

Meaning of Section 17 BSA

In simple terms, Section 17 allows certain statements made by another person to be treated as admissions when that person’s position or liability is relevant to the dispute against a party to the suit.

The provision is particularly useful when a party’s case depends on proving a relationship, obligation or liability involving a third person.

For example, suppose A employs B to collect rent from C. A later sues B, alleging that B failed to collect rent that C owed. B denies that C owed any rent.

If C previously acknowledged the rent liability while that liability existed, the statement may be relevant against B because it helps establish the very fact that B disputes.

The section does not make every statement made by a third person relevant. The statement must satisfy the statutory conditions concerning the person’s position or liability, its relevance in a suit involving that person, and the timing of the statement.

Essential Elements of Section 17 BSA

1. The person’s position or liability must be relevant to the suit

The first requirement is that the position or liability of the person making the statement must be necessary to establish a matter against a party to the suit.

The person’s position may arise from a legal relationship, contractual arrangement or other relevant circumstance. The provision may apply where establishing that person’s position or liability is necessary to resolve the dispute.

2. The statement must be relevant against that person

The statement must be one that would be relevant against its maker in a suit brought by or against that person concerning the same position or liability.

This requirement prevents the section from becoming a general rule allowing any third-party statement to be used against a litigant.

For example, a statement acknowledging a debt may be relevant in a suit concerning that debt. An unrelated statement by the same person would not qualify merely because the person’s liability is relevant to another dispute.

3. The statement must be made while the position or liability exists

Section 17 expressly requires the statement to have been made while the person making it occupied the relevant position or was subject to the relevant liability.

The timing of the statement is therefore essential.

A statement made during the existence of the relevant relationship or liability may qualify if the other conditions are met. A statement made after that position or liability has ended does not automatically qualify under this section.

4. The statement must assist in determining a disputed fact

The statement must have a meaningful connection with the matter that the court needs to decide.

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

For example, if the dispute concerns whether a tenant owed rent, a statement acknowledging the rent liability may be relevant. A statement concerning an unrelated transaction would not help establish the disputed liability.

5. The statement is relevant evidence, not necessarily conclusive proof

Section 17 identifies circumstances in which a statement may qualify as an admission. It does not declare that the statement conclusively establishes the disputed fact.

The court must assess the statement alongside the other evidence and determine its proper evidentiary value.

Statutory Illustration of Section 17 BSA

The BSA provides the following illustration.

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 C owed B rent is an admission and is a relevant fact against A if A denies that C did owe B rent.

Explanation of the Illustration

The illustration can be understood through the following roles:

• A: The person appointed to collect rent.
• B: The person entitled to receive the rent and the plaintiff in the suit.
• C: The person who allegedly owes rent to B.

B sues A because A allegedly failed to collect the rent. A denies the claim by arguing that C did not owe B any rent.

C’s statement acknowledging the rent liability may be relevant because the existence of C’s liability is central to B’s claim against A.

The statement is relevant against A because it helps establish the liability that A disputes. The court must still consider whether the statutory conditions are satisfied and assess the evidence as a whole.

Legal principle: A statement made by a person whose position or liability must be established against a party may qualify as an admission if it would be relevant against the maker in a suit concerning that position or liability and was made while the relevant position or liability existed.

Practical Examples of Section 17 BSA

Example 1: Rent Collection Dispute

A appoints B to collect rent from C. B fails to collect the rent, and A sues B for the resulting loss. B argues that C did not owe any rent.

C had previously acknowledged the rent liability while it existed. That statement may be relevant under Section 17 because it helps establish the liability that B disputes.

Example 2: Liability of a Debtor

A appoints B to recover an outstanding amount from C. B claims that no amount was due from C. If C made a relevant acknowledgment of the debt while the liability existed, the statement may help establish the underlying liability in A’s dispute with B.

The court must determine whether the statement satisfies the requirements of Section 17 and whether it relates to the liability in question.

Example 3: Dispute Involving a Contractual Obligation

A engages B to perform a task that depends on C fulfilling a contractual obligation to A. A later sues B over the failure to perform that task, and B disputes whether C had the relevant obligation.

A statement made by C acknowledging the obligation while it existed may be relevant if the statutory conditions are met.

The statement would not automatically establish every element of A’s claim against B. Its significance depends on the particular dispute and the other evidence.

Example 4: Statement Made After Liability Has Ended

A claims that C owed a particular amount during an earlier period. C makes a statement about that amount only after the relevant liability has ended.

The statement does not automatically qualify under Section 17 because the provision requires the statement to have been made while the person occupied the relevant position or was subject to the liability.

Its possible relevance under another provision must be assessed separately.

Difference Between Section 16 and Section 17 of the BSA

Sections 16 and 17 both deal with admissions, but they address different categories of persons.

Basis	Section 16 BSA	Section 17 BSA
Subject	Admissions by a party to proceedings or their agent, and specified interested persons	Admissions by persons whose position or liability must be proved against a party to the suit
Main focus	The party’s statement, the agent’s authority or the specified person’s interest	The position or liability of another person relevant to the dispute
Timing requirement	Specific requirements apply to certain categories under Section 16(2)	The statement must be made while the relevant position or liability exists
Example	An authorised agent acknowledges a debt on behalf of a party	A debtor’s statement is relevant in a dispute over another person’s failure to collect that debt

Section 16 focuses on specified relationships between the person making the statement and the party or subject matter. Section 17 focuses on statements by persons whose position or liability must be established against a party.

Difference Between Section 17 and Section 18 of the BSA

Section 17 concerns admissions by persons whose position or liability must be proved against a party to a suit.

Also Read: Section 19 of Bharatiya Sakshya Adhiniyam, 2023: Proof of Admissions Against Persons Making Them, and by or on Their Behalf

Section 18 concerns statements made by persons to whom a party has expressly referred for information regarding a matter in dispute.

For example, under Section 18, A sells a horse to B and tells B to ask C about the horse’s soundness because C knows about it. C’s statement may qualify as an admission under that section.

The distinction is that Section 17 concerns a person’s relevant position or liability, while Section 18 concerns a party’s express reference to another person for information.

Important Case Laws Relating to Section 17 BSA

Section 17 of the BSA substantially corresponds to Section 19 of the Indian Evidence Act, 1872. Judicial decisions interpreting the earlier provision may assist in understanding the general law of admissions. However, a case should not be described as a direct interpretation of Section 17 unless it actually addresses that provision or its corresponding predecessor.

The statutory illustration is the clearest authority for understanding the specific rule in Section 17. General principles concerning admissions are also explained in the following Supreme Court decisions.

1. Nagindas Ramdas v. Dalpatram Ichharam

Citation: (1974) 1 SCC 242

Legal principle: The Supreme Court explained the evidentiary significance of admissions and distinguished judicial admissions from evidentiary admissions.

Relevance: The decision helps explain the general evidentiary value of admissions. However, it should not be treated as a direct interpretation of Section 17 BSA or Section 19 of the Indian Evidence Act.

2. Bharat Singh v. Bhagirathi

Citation: AIR 1966 SC 405

Legal principle: The Supreme Court discussed the evidentiary value of admissions and recognised that properly proved admissions can constitute substantive evidence.

Relevance: The decision supports the general principle that admissions may be used as evidence of relevant facts. The specific conditions of Section 17 must nevertheless be established independently.

These decisions explain the general law of admissions rather than the specific requirements of Section 17. For examination answers on this section, the statutory text and its illustration should be the primary focus.

Importance of Section 17 for Law Students

Section 17 is important for law school examinations, judicial service examinations and civil litigation because it deals with statements made by persons other than the party against whom the evidence is used.

The key points to remember are:

• Section 17 BSA corresponds substantially to Section 19 of the Indian Evidence Act, 1872.
• It concerns admissions by persons whose position or liability must be proved against a party to a suit.
• The statement must be relevant against the person making it in a suit concerning that position or liability.
• The statement must have been made while the relevant position or liability existed.
• The statutory illustration concerns rent owed by C to B and A’s failure to collect it.
• The provision does not make every third-party statement relevant.
• A relevant admission is not automatically conclusive proof of the entire claim.
• Section 17 must be distinguished from Section 16, which deals with parties, agents and specified interested persons, and Section 18, which deals with persons expressly referred to for information.

Frequently Asked Questions (FAQs)

1. What is Section 17 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 17 deals with statements made by persons whose position or liability must be proved against a party to a suit. Such statements qualify as admissions when they satisfy the statutory conditions concerning relevance and timing.

2. Which section of the Indian Evidence Act corresponds to Section 17 BSA?

Section 17 of the BSA substantially corresponds to Section 19 of the Indian Evidence Act, 1872.

3. What are the essential conditions of Section 17 BSA?

The person’s position or liability must be necessary to prove against a party; the statement must be relevant against its maker in a suit concerning that position or liability; and it must be made while the relevant position or liability exists.

4. What is the statutory illustration under Section 17?

The illustration concerns A, who undertakes to collect rent for B. When B sues A for failing to collect rent owed by C, C’s statement acknowledging the rent liability may be relevant against A if A denies that C owed the rent.

5. Does Section 17 apply to every statement made by a third person?

No. The statement must satisfy the specific requirements of the provision. An unrelated statement by a third person does not automatically qualify as an admission.

6. Why is the timing of the statement important under Section 17?

The provision expressly requires that the statement be made while the person occupies the relevant position or is subject to the relevant liability. This limits the category of statements that may qualify under the section.

7. What is the difference between Sections 16 and 17 BSA?

Section 16 covers admissions by parties, authorised agents and certain interested persons. Section 17 covers statements by persons whose position or liability must be proved against a party to the suit.

8. Is an admission under Section 17 conclusive proof?

No. The provision makes qualifying statements relevant as admissions. The court must assess their evidentiary value alongside the other evidence and applicable law.

Conclusion

Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 provides that statements made by persons whose position or liability must be proved against a party to a suit may qualify as admissions when the statutory conditions are satisfied.

The provision is especially relevant where a party’s claim depends on establishing another person’s liability, as illustrated by the dispute concerning the collection of rent. Its principal requirements are that the position or liability must be necessary to prove, the statement must be relevant against its maker in a suit concerning that position or liability, and the statement must be made while the relevant position or liability exists.

For examinations, focus on the exact statutory language, the rent-collection illustration, the timing requirement and the distinction between Sections 16, 17 and 18 of the BSA.

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