Question
Consider the following statements regarding admissions
under Sections 16-19 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: An admission made by a party's agent is valid only if the agent was expressly authorized in writing to make the admission. Statement 2: An admission is relevant and can be proved against the person who made it or their representative in interest. Statement 3: A party can prove their own admission when it consists of a statement of state of mind made at the time when such state existed and accompanied by conduct rendering its falsehood improbable. Statement 4: In civil cases, an admission made under an express condition that evidence of it shall not be given is still admissible against the admitting party. Which statements are correct?Solution
Section 19(2) confirms that a party can prove their own admission when it relates to state of mind, making Statement 3 correct. Section 19(1) provides that admissions are relevant when proved "as against the person who makes them, or his representative in interest," making Statement 2 correct. Statement 1 is incorrect because Section 16 permits both "expressly or impliedly" authorised agents—written authorization is not mandatory. Statement 4 is incorrect because Section 21 explicitly states that in civil cases, "no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given," thus excluding such conditional admissions.
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