Section 18 – Bharatiya Sakshya Adhiniyam (BSA) – Admissions By Persons Expressly Referred To By Party To Suit.

Code

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration. The question is, whether a horse sold by A to B is sound. A says to B—”Go and ask C, C knows all about it”. C’s statement is an admission.

 Explanation

This section applies when a party to the suit directs or refers another person to provide information about a matter in dispute. If the referred person makes a statement, it is considered an admission and can be used as evidence.

• The key here is the express referral by the party to the third person, and the relevance of the information being directly tied to the dispute.
• The person referred to essentially becomes a source of information whose statements are treated as part of the evidence in the case.

 Illustration

The question is whether a horse sold by A to B is sound.

• A says to B, “Go and ask C, C knows all about it.” C’s statement is considered an admission and is relevant to the case.

Key Concepts

•  A party can refer someone else to provide information related to the dispute.
•  The person to whom the party refers becomes an informant, and their statement is treated as an admission.
•  The referral and the statement must relate directly to the subject of the dispute in the case