Section 18 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
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### Section 18: Statements Made by a Person Referred to by a Party
**Context:**
The Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023, introduces new provisions governing the admissibility and relevance of evidence in courts. Section 18 specifically deals with statements made by a third party when a party to a dispute explicitly refers to that third party for information about a fact in issue.
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### What Does Section 18 Say?
If a party to a legal proceeding (for example, a plaintiff or defendant) explicitly directs or refers to another person to provide information about a fact that is in dispute, then the statement made by that referred person can be treated as an **admission** against the party who made the reference.
In simpler terms:
* Suppose Party A says, “Ask Person C; they know everything about this matter.”
* Then, Person C’s statement or evidence about that matter can be used as evidence against Party A, because Party A explicitly relied on or pointed to Person C’s knowledge.
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### Purpose and Importance
* This section helps prevent parties from evading responsibility for facts by simply pointing to someone else.
* It ensures transparency and accountability when a party directs attention to another individual for facts or information.
* The statement of the third party (the person referred to) is considered relevant and admissible as an **admission**, which means it can be used as evidence against the party who made the reference.
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### Key Points
* The referral to the third party must be **explicit** or clear — vague or indirect references may not qualify.
* The statement must relate to a **fact in issue** — something that is disputed or important in the case.
* This provision helps the court by allowing statements from third parties to be admitted as evidence without the party later disowning or contradicting them.
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### Example
* Imagine a civil suit where the defendant says, “Please ask my employee, Mr. X, about the delivery details; he knows everything.”
* Mr. X’s statements about the delivery details can then be admitted as evidence against the defendant because the defendant explicitly referred the court or the opposing party to Mr. X.
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