Section 121 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) codifies the principle of estoppel, which prevents a person from denying the truth of a matter they have previously represented as true, especially when another party has relied upon that representation to their detriment.
๐ Text of Section 121
Estoppel
When one person has, by his declaration, act, or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration: A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.(vidhijudicial.com, indiankanoon.org)
๐ Explanation
Section 121 applies the doctrine of estoppel, which holds that a person cannot contradict or deny the truth of a statement or representation they have made if another person has relied upon it and acted accordingly. This principle ensures that individuals cannot mislead others and later deny the truth of their statements when it suits them.(apnilaw.com)
โ๏ธ Legal Significance
Prevents Misrepresentation: Ensures that individuals cannot mislead others and later deny the truth of their statements.(apnilaw.com)
Promotes Fairness: Protects parties who have relied on representations made by others, ensuring they are not disadvantaged.
Encourages Integrity: Encourages honesty and consistency in dealings, both personal and commercial.(apnilaw.com)
๐งพ Example
Suppose A falsely claims ownership of a piece of land and convinces B to purchase it. Later, A acquires the land and attempts to invalidate the sale by claiming he had no title at the time of the transaction. Under Section 121, A is estopped from denying his earlier representation and must honor the sale to B.(apnilaw.com)
๐ Related Sections
Section 122: Estoppel of tenant and of licensee of person in possession.
Section 123: Estoppel of acceptor of bill of exchange, bailee, or licensee.
In summary, Section 121 of the Bharatiya Sakshya Adhiniyam, 2023, reinforces the principle that individuals must be consistent in their representations and cannot deny the truth of matters they have previously asserted, especially when others have relied upon those assertions to their detriment.(
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