Code: Section 15
15. An admission is a statement, oral or documentary or contained in electronic form,
which suggests any inference as to any fact in issue or relevant fact, and which is made by
any of the persons, and under the circumstances, hereinafter mentioned.
Explanation of Section 15 BSA
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), provides the legal definition of the term “admission” within the framework of Indian evidence law. It is a foundational concept that plays a critical role in both civil and criminal proceedings.
An admission, under this provision, is any statement—whether:
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Spoken (oral),
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Written (documentary), or
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Contained in electronic form (e.g., email, SMS, digital recordings)
that suggests the truth or probability of a fact in issue or a relevant fact.
Such a statement must be made by a person and under circumstances specified later in the Act (usually in subsequent sections such as Sections 16–22 BSA), which detail who can make such admissions and when they are legally significant.
In simple terms, if someone acknowledges or implies something that supports the existence of a fact in dispute, that acknowledgment is considered an “admission.”
Illustration
Example 1: Oral Admission
During a civil dispute over unpaid dues, a person verbally tells the plaintiff, “Yes, I owe you ₹50,000.” This is an admission relevant to the case and may be used as evidence.
Example 2: Documentary Admission
In a criminal matter, an accused writes a letter confessing to having committed theft. This letter qualifies as a documentary admission.
Example 3: Electronic Admission
A person sends a WhatsApp message saying, “I’m sorry I hit your car yesterday. I’ll pay for the damages.” This digital statement is an electronic admission under Section 15 BSA.
Common Questions and Answers on Section 15 BSA
1. What is the significance of an admission under Indian evidence law?
An admission can be used as evidence to establish the existence of a relevant fact or fact in issue. It may significantly reduce the burden of proof on the other party.
2. Are electronic messages considered admissions under BSA?
Yes. Section 15 explicitly includes electronic records as valid forms of admissions. This includes emails, chats, texts, or any digital statements.
3. Can an admission be used against the person who made it?
Yes, admissions are typically used against the person who made them, especially in criminal and civil litigation.
4. Is every statement made by a person considered an admission?
No. Only statements that relate to relevant facts or facts in issue and are made under specified legal circumstances qualify as admissions under the BSA.
5. What sections follow Section 15 regarding admissions?
Sections 16 to 22 of the Bharatiya Sakshya Adhiniyam further elaborate on the conditions, relevance, and admissibility of admissions.
Conclusion
Section 15 of the Bharatiya Sakshya Adhiniyam defines the concept of “admission” in broad terms to include oral, documentary, and electronic statements. Understanding this section is crucial for both litigants and legal professionals, as admissions can play a pivotal role in the outcome of a case. They can form strong evidence, reduce trial complexity, and often lead to quicker resolutions.
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