Question
In a commercial contract dispute, the defendant seeks to
prove an oral admission made by the plaintiff regarding the terms of the contract. However, the plaintiff now denies having made such statement. Under which section of the Bharatiya Sakshya Adhiniyam must the defendant first establish his eligibility to give secondary evidence before the oral admission becomes admissible?Solution
Section 20 of BSA states: "Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question." This section specifically gates the admissibility of oral admissions regarding documentary contents, requiring satisfaction of secondary evidence conditions first.
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