Bare ActsThe Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version)

Section 19

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Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:— (1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations. (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him 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. 10 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— _________________________________________________________ _________________________________________________________ _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ 10 ꯗꯒꯦꯖꯦꯠꯑꯣꯐꯏꯟꯗꯤꯌꯥꯑꯦꯛꯁꯇ꯭ꯔꯥꯑꯣꯔꯗꯤꯅꯔꯤ [Part II- ꯑꯌꯥꯕ ꯄꯤꯕ ꯃꯤꯑꯣꯏꯁꯤꯡꯅ ꯈꯨꯠꯌꯦꯛꯄꯤꯕꯤꯕ ꯑꯁꯤ ꯄꯥꯔꯇꯤꯒꯤ ꯃꯥꯌꯣꯛꯇ ꯂꯩꯕ ꯑꯣꯏꯅ ꯄ ꯭ ꯔꯃꯥꯟ ꯄꯤꯒꯗꯕꯅꯤ꯫ ꯄꯥꯔꯇꯤꯅ ꯁ ꯭ ꯌꯨꯠ ꯇꯧꯅꯕ ꯃꯌꯦꯛ ꯁꯦꯡꯅ ꯄꯟꯈꯤꯕ ꯃꯤꯑꯣꯏꯁꯤꯡꯅ ꯃꯤꯡꯆꯟꯕ꯫ ꯃꯈꯣꯏꯕꯨꯁꯦꯝꯂꯤꯕ ꯃꯤꯑꯣꯏꯁꯤꯡꯒꯤ ꯃꯥꯌꯣꯛꯇ, ꯑꯃꯁꯨꯡꯃꯈꯣꯏꯒꯤ ꯃꯥꯏꯀꯩꯗꯒꯤ ꯅꯠꯇ꯭ꯔꯒ ꯃꯈꯣꯏꯒꯤ ꯃꯥꯏꯀꯩꯗꯒꯤꯑꯌꯥꯕ ꯄꯤꯕꯒꯤꯄ ꯭ ꯔꯃꯥꯟ ꯫ (꯲) ꯃꯈꯣꯏꯅꯄꯤꯈꯤꯕꯋꯥꯐꯝꯁꯤꯡ- (i) ꯃꯤꯍꯨꯠꯑꯣꯏꯕꯁꯛꯇꯝꯑꯃꯗꯋꯥꯀꯠꯄꯅꯠꯇ꯭ꯔꯒꯋꯥꯀꯠꯄꯇꯧꯅꯕꯈꯨꯠꯄꯨꯁꯤꯡꯑꯁꯤ, ꯃꯈꯣꯏꯕꯨꯁꯦꯝꯂꯤꯕꯈꯨꯠꯄꯨꯑꯗꯨꯅ ꯃꯗꯨꯒꯤꯁꯛꯇꯝꯑꯗꯨꯄꯥꯏꯔꯤꯉꯩꯃꯇꯝꯗꯃꯈꯣꯏꯑꯁꯤꯇꯧꯗ꯭ꯔꯕꯗꯤꯃꯈꯣꯏꯕꯨꯌꯥꯎꯍꯟꯗꯦ; ꯅꯠꯇ꯭ꯔꯒ (ii) (a) ꯊꯧꯁꯤꯜꯑꯗꯨꯒꯤꯍꯤꯔꯝꯑꯗꯨꯗꯃꯄꯨꯑꯣꯏꯕꯅꯠꯇ꯭ꯔꯒꯁꯦꯜ-ꯊꯨꯝꯒꯤꯑꯣꯏꯕꯀꯥꯟꯅꯕꯑꯃꯍꯦꯛꯇꯂꯩꯕꯃꯤꯑꯣꯏꯁꯤꯡ, ꯑꯃꯁꯨꯡꯃꯈꯣꯏꯅꯑꯗꯨꯛꯀꯤꯃꯇꯤꯛꯄꯥꯝꯖꯕꯃꯤꯑꯣꯏꯁꯤꯡꯒꯤꯃꯑꯣꯡꯗꯋꯥꯐꯝꯑꯗꯨꯄꯤꯔꯤꯕꯁꯤꯡ; ꯅꯠꯇ꯭ꯔꯒ (b) ꯋꯥꯀꯠꯇꯁꯔꯨꯛꯌꯥꯔꯤꯕꯃꯤꯑꯣꯏꯁꯤꯡꯅꯋꯥꯀꯠꯀꯤꯍꯤꯔꯝꯑꯗꯨꯗꯃꯈꯣꯏꯒꯤꯄꯨꯛꯅꯤꯡꯆꯤꯡꯁꯤꯟꯈꯤꯕꯃꯤꯑꯣꯏꯁꯤꯡ ꯑꯗꯨ, ꯀꯔꯤꯒꯨꯝꯕꯃꯈꯣꯏꯑꯁꯤꯋꯥꯀꯠꯄꯁꯤꯡꯑꯗꯨꯄꯤꯔꯤꯕꯃꯤꯑꯣꯏꯁꯤꯡꯒꯤꯅꯨꯡꯉꯥꯏꯕꯑꯗꯨꯃꯈꯥꯆꯠꯊꯔꯤꯉꯩꯃꯇꯝꯗ ꯄꯤꯔꯕꯗꯤ, ꯃꯈꯣꯏꯕꯨꯌꯥꯎꯍꯟꯒꯅꯤ꯫

Section 19 – The Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) | DailyLaw.ai