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BSA Section 16: Admission by party to proceeding or his agent

Section 16 of the Bharatiya Sakshya Adhiniyam, 2023 deals with admission by party to proceeding or his agent. It replaces Evidence Act 18 of the Indian Evidence Act, 1872.

Text of BSA Section 16

16. (1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.

Facts bearing on question whether act was accidental or intentional.

Existence of course of business when relevant.

Admission defined.

Admission by party to proceeding or his agent.

Admissions by persons whose position must be proved as against party to suit.

Admissions by persons expressly referred to by party to suit.

Proof of admissions against persons making them, and by or on their behalf.

(2) Statements made by—

(i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or

(ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or

(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit,

are admissions, if they are made during the continuance of the interest of the persons making the statements.

Evidence Act sections replaced

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