Section 20 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 20: Relevance of Oral Admissions Regarding Documents
Context:
Section 20 deals with when an oral admission or statement made by a party regarding the contents of a document can be considered relevant evidence in a legal proceeding.
What does Section 20 say?
If a party seeks to prove the contents of a document by relying on an oral admission (i.e., a spoken statement or acknowledgment about the document), that oral admission will only be considered relevant if:
The party is entitled to present secondary evidence of the document's contents, or
The authenticity of the document has been challenged or questioned.
Explanation:
Primary evidence of a document means the original document itself. When a party cannot produce the original document, they may rely on secondary evidence (like copies or oral statements) about its contents.
Section 20 clarifies that oral admissions about a document's contents are not automatically relevant or admissible as evidence unless one of the following applies:
The party presenting the oral admission has the legal right to submit secondary evidence about the document (for example, the original is lost or unavailable).
The opposing party has challenged the genuineness or authenticity of the document. For instance, if the document’s validity is in dispute, then oral admissions regarding it become relevant to decide the issue.
Why is this important?
This provision prevents parties from casually relying on oral statements about documents without establishing a proper legal basis. It upholds the principle that documents should be proved primarily through the original or legitimate secondary evidence rather than just oral statements.
Summary:
| Condition | When Oral Admission is Relevant |
|---|---|
| Party entitled to produce secondary evidence | Oral admission is relevant evidence |
| Authenticity of document challenged | Oral admission becomes relevant to address authenticity |
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