Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Admissions, Confessions and Dying Declarations under the Bharatiya Sakshya Adhiniyam

Updated 11 October 2026 · Fact-checked

An admission is a statement by a party (or someone treated as his agent or interested person) that is relevant against him. A confession is an admission of guilt in a criminal case. Confessions to police are barred under Section 23. A dying declaration is a statement about the cause of death, relevant when the maker cannot be called.

Understand Admissions, Confessions and Dying Declarations

Start with the basic idea. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) decides which facts a Court may look at. Some statements are relevant because of who made them and what they say. Admissions and confessions are two such statements.

An admission is a statement made by a party to the proceeding, or by someone the law treats as his voice. It is usually a statement against that party's own interest. Under Section 16(1), statements made by a party, or by an agent whom the Court regards as expressly or impliedly authorised to make them, are admissions. Section 16(2) extends this to representatives (only while they held that character), to persons with a proprietary or pecuniary interest in the subject matter, and to persons from whom the parties derived their interest. Interested persons' statements count only if made during the continuance of their interest.

Section 17 covers persons whose position or liability must be proved against a party. Their statements are admissions if they would be relevant against them in a suit by or against them, and were made while they held that position or liability. In the official illustration, A collects rent for B and denies that C owed rent. C's statement that he owed B rent is an admission relevant against A.

The key rule is in Section 19. Admissions are relevant and may be proved against the person who makes them, or his representative in interest. They cannot be proved by or on behalf of the maker, except in three cases: (1) the statement would be relevant between third parties if the maker were dead, under Section 26; (2) it states a state of mind or body, made at or about the time it existed and accompanied by conduct that makes falsehood improbable; (3) it is relevant otherwise than as an admission. So you cannot use your own earlier statement to help your case just because it is favourable.

A confession is a statement by an accused person that admits guilt of the offence. The Act does not define it in the extracts here, so describe it in plain words and do not quote a definition. The law is cautious about confessions made to police. Section 23(1) says no confession made to a police officer shall be proved as against a person accused of any offence. Section 23(2) says no confession made while in police custody can be proved against him unless it is made in the immediate presence of a Magistrate. The proviso saves one thing: so much of the information received from an accused in custody as relates distinctly to the fact discovered can be proved, whether or not it amounts to a confession.

A dying declaration is a statement by a person about the cause or circumstances of his death, made before death. It is relevant because the maker cannot be called as a witness. The extracts supplied do not contain the dying declaration section, so in the exam state the rule in plain words and cite the section only if you have learned it from the Act itself.

Key rules to remember

Admission by party or agent: Statement by party / authorised agent = admission (Section 16(1)); The Court must regard the agent as expressly or impliedly authorised.
General rule on proof of admissions: Provable AGAINST the maker or his representative in interest; NOT by or on behalf of the maker (Section 19); Three exceptions: Section 26 type statements, state of mind or body with conduct, relevant otherwise than as admission.
Statements of persons whose position must be proved: Admission if relevant against them and made while they held the position or liability (Section 17); Example: C's statement that he owed rent, used against collector A.
Confession to police: No confession to a police officer can be proved against an accused (Section 23(1)); Applies to any offence.
Confession in police custody: Not provable unless made in the immediate presence of a Magistrate (Section 23(2)); Custody is the test, not a formal arrest.
Discovery proviso: Information leading to discovery of a fact: only the part that relates distinctly to the fact discovered can be proved; Applies whether or not the information is a confession.
Dying declaration: Statement by a person on the cause or circumstances of his death is relevant when he cannot be called; Cite the section only if you are sure of it from the Act.

How to solve Admissions, Confessions and Dying Declarations questions

Use this order for any question on admissions, confessions or dying declarations, whether it is a theory question or a problem.

1Identify the kind of statement: admission, confession, information leading to discovery, or statement of a dead or unavailable person.
2Identify who made it and in what character: party, agent, representative, interested person, or accused.
3If it is a confession, check to whom it was made: a police officer, or a Magistrate. Check whether the maker was in police custody.
4State the relevant rule in plain words and cite the section (16, 17, 19 or 23) where you are sure.
5Apply the rule to the facts. Ask: is the statement being used against the maker or by him?
6Check exceptions: the Section 19 exceptions and the Section 23 proviso on discovery.
7Write a clear conclusion on whether the statement is relevant or provable, and to what extent.

Quickest way: Who, to whom, against whom

When to use it: Use it for short problem questions when you have under ten minutes.

Who made the statement? Party, agent, interested person or accused.
To whom was it made? If to police, think Section 23 first.
Against whom is it used? Against the maker is fine. By the maker needs a Section 19 exception.
Look for a discovery of a fact. If present, only that part survives.
Write the conclusion in one line.

Common mistakes in Admissions, Confessions and Dying Declarations

Saying a confession to a police officer is admissible if it is voluntary.
Students carry over a general idea that voluntary statements are reliable.
Fix: Section 23(1) bars proof of any confession to a police officer against the accused. Voluntariness does not change this.
Ignoring the Magistrate exception for custodial confessions.
Students remember only the ban.
Fix: Under Section 23(2), a confession in custody can be proved if made in the immediate presence of a Magistrate.
Allowing the whole statement when a fact is discovered.
Students think discovery validates the entire confession.
Fix: Only so much of the information as relates distinctly to the fact discovered can be proved.
Allowing a party to prove his own favourable admission.
Students read admissions as simply relevant.
Fix: Section 19 lets admissions be proved against the maker, not by him, unless one of the three exceptions applies.
Treating every statement by an agent as the principal's admission.
Students skip the authority condition.
Fix: Section 16(1) needs the Court to regard the agent as expressly or impliedly authorised to make the statement.
Treating an admission and a confession as the same thing.
Both are statements against the maker.
Fix: A confession is an admission of guilt by an accused in a criminal matter, and it has extra restrictions such as Section 23.

Worked examples

Example 1

Ravi is accused of theft. While in police custody, he tells the Station House Officer that he stole a bicycle. Can the statement be proved against him? What if he adds that he hid the bicycle in a shed and the police recover it from the shed on his information?

Show the solution

The statement is a confession made to a police officer while in police custody.
Section 23(1) says no confession made to a police officer shall be proved against a person accused of any offence.
Section 23(2) bars a custodial confession unless it is made in the immediate presence of a Magistrate. No Magistrate was present.
The proviso to Section 23 says that when a fact is discovered in consequence of information from an accused in custody, so much of the information as relates distinctly to the fact discovered may be proved, whether or not it is a confession.
So the statement that he stole the bicycle cannot be proved. The part that he hid it in the shed, which led to the recovery, can be proved.

Answer: The confession of theft cannot be proved against Ravi. Only the part of his information relating distinctly to the discovery of the bicycle in the shed can be proved.

Example 2

In a suit between A and B on whether a deed is forged, A says it is genuine and B says it is forged. A wants to prove his own earlier statement that the deed is genuine. B wants to prove A's earlier statement that it was forged. What is the position?

Show the solution

Both statements are admissions by the parties.
Section 19 allows an admission to be proved against the person who makes it.
So B may prove A's statement that the deed is forged, because it is used against A.
A cannot prove his own statement that the deed is genuine, because it would be proved by the maker. None of the three exceptions applies: it is not a Section 26 type statement, not a statement of state of mind or body, and not relevant otherwise than as an admission.
This matches the official illustration (a) to Section 19.

Answer: B may prove A's statement that the deed is forged. A cannot prove his own statement that it is genuine.

Exam tips

Always name the section: 16 and 17 for who can make admissions, 19 for how they are proved, 23 for confessions to police.
In 'distinguish' questions, give three points: meaning, who makes it, and the restrictions on proof.
In problems, write the rule, the facts and a one-line conclusion, in that order.
Always check the discovery proviso whenever a police recovery appears in the facts.
For dying declarations, state the rule in plain words. Cite the section only if you are certain of it.

Practice questions from Law relating to Evidence

Admissions, Confessions and Dying Declarations: frequently asked questions

What is the difference between an admission and a confession under BSA?

An admission is a statement by a party or someone treated as his voice, relevant against him. A confession is an admission of guilt by an accused in a criminal case. Confessions face extra limits, such as Section 23 on police confessions.

Is a confession to a police officer admissible under the BSA?

No. Section 23(1) says no confession made to a police officer shall be proved against a person accused of any offence. A confession in police custody also needs a Magistrate's immediate presence under Section 23(2).

Can any part of a statement to police be used?

Yes, in one case. If a fact is discovered because of information from an accused in police custody, so much of that information as relates distinctly to the fact discovered can be proved. This holds whether or not it is a confession.

Can a person prove his own admission in his favour?

Generally no. Section 19 allows admissions to be proved against the maker, not by him. There are three exceptions, including statements that would be relevant under Section 26 if the maker were dead.

What is a dying declaration?

It is a statement by a person about the cause or circumstances of his death, made before he dies. It is relevant because he cannot be called as a witness. Learn the exact section from the Act before citing it.