Section 21 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 21 — Relevance of Admissions in Civil Cases
Context:
Section 21 deals with the relevance of admissions or confessions made by parties in civil cases under the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023.
What does Section 21 say?
Admissions in civil cases are not relevant (i.e., cannot be used as evidence) if made under the condition or understanding that the admission will not be used as evidence in court.
If parties have mutually agreed that a particular admission or statement will not be presented as evidence, then such admission is not relevant or admissible in the civil proceeding.
Explanation and Purpose:
This provision ensures that any statement or admission made by one party in a civil matter is only considered relevant and admissible if it was not made with the understanding that it would be kept confidential or excluded from evidence.
If there is an agreement or understanding that an admission is not to be produced or relied upon in court, then that admission loses its evidentiary value.
However, this does not exempt any witness or party from being compelled to testify or give evidence under other specific provisions of the law (like Section 132 subsections (1) and (2), which deal with compulsory attendance and examination of witnesses).
Practical implications:
This provision prevents the misuse of admissions made in negotiations or settlements that were explicitly intended to be confidential.
It respects the mutual agreements between parties about what can be brought to the court record, thus protecting certain communications from being used against a party unfairly.
At the same time, it balances this with the court’s power to compel testimony under other provisions.
Summary:
Admission ≠ Evidence if made under agreement to exclude it.
Protects confidentiality of certain statements/negotiations in civil matters.
Does not allow parties to avoid legal obligation to give evidence when compelled by the court.
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