Section 191 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 191 of the Bharatiya Sakshya Adhiniyam, 2023
๐ Text of Section 191
Section 191: Statements by persons whose position must be proved as against party to suit(indiankanoon.org)
Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability.(indiankanoon.org)
๐ Explanation
Section 191 addresses the admissibility of statements made by individuals whose position or liability is at issue in a legal proceeding. Such statements are considered admissions if they would be relevant against those individuals in a suit brought by or against them, and if made while they held the position or were subject to the liability in question.
โ๏ธ Legal Significance
Relevance of Statements: This section ensures that statements made by individuals about their position or liability can be used as evidence if they are relevant to the case.(indiankanoon.org)
Admissibility in Court: It provides a legal basis for admitting statements that might otherwise be excluded, recognizing their potential value in proving or disproving facts in issue.
Clarification of Status: By focusing on the individual's position or liability, the section helps clarify the status of parties involved in the legal proceedings, aiding in the fair determination of the case.
๐งพ Example
Scenario: In a property dispute, a person who previously held a lease on the property makes a statement acknowledging the terms of the lease.
Application of Section 191: If the person's position as a lessee is relevant to the case, their statement can be admitted as evidence, provided it pertains to their position or liability during the time they held that status.
Summary: Section 191 of the Bharatiya Sakshya Adhiniyam, 2023, allows for the admission of statements made by individuals about their position or liability, provided such statements are relevant to the case and were made while they held that position or were subject to that liability.
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