Question
Consider the following statements regarding proof of
admissions under Section 19-20 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: An admission made by a witness during cross-examination can always be proved against the witness, even if it relates to matters beyond the scope of the proceeding. Statement 2: Oral admissions as to the contents of a document are not relevant unless the party shows entitlement to give secondary evidence of that document's contents. Statement 3: An admission that would be relevant between third parties if the admitting person were dead remains admissible even when the admitting person is alive and present in court. Statement 4: When a party attempts to prove an admission regarding document contents, the party must first prove they cannot access the original document. Which statements are correct?Solution
Section 20 of BSA states that oral admissions as to document contents are not relevant unless the party shows entitlement to give secondary evidence or unless the document's genuineness is in question, making Statement 2 correct. Section 19(1) permits a party to prove their own admission when "if the person making it were dead, it would be relevant...under section 26," making Statement 3 correct. Statement 1 is incorrect because admissions are subject to relevancy rules and the scope must be material to the proceeding. Statement 4 is incorrect because Section 20 requires "entitlement" to give secondary evidence, which includes showing the original is inaccessible, but BSA uses "entitlement" as the operative standard, not merely proving non-access. Statements 2 and 3 together are the correct answer.
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