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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Arjun wants to prove the contents of a written document by relying on an oral admission made by the opposite party about those contents. Under the Adhiniyam, when are such oral admissions relevant?

Oral admissions about the contents of a document are not relevant unless the party proving them shows that he is entitled to give secondary evidence of the contents, or unless the genuineness of a document produced is in question. This is the rule in section 20 of the Bharatiya Sakshya Adhiniyam, 2023.

  1. AAlways, since an admission is the best evidence
  2. BNever, since oral admissions about documents are excluded entirely
  3. COnly when made before a Magistrate
  4. DUnless and until the party proposing to prove them shows entitlement to give secondary evidence of the contents, or unless the genuineness of a produced document is in questionCorrect

Explanation

Section 20 says oral admissions as to the contents of a document are not relevant unless the proposer shows he may give secondary evidence of the contents, or unless the genuineness of a document produced is in question. So they are not always relevant, nor are they excluded in every case.

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