PROOF OF ADMISSIONS (SECTION 19 OF

BSA)

Proof of Admission
What is Section 19 of the BSA?
Admissibility of admissions in legal proceedings are provided under Section
19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) . This section tells that
admissions can be used as evidence against the person who is making them
and their representative.
Under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA),it is
provided that if an admission is made against the interest of the maker or
anyone acting on his behalf will be considered to be relevant.The principle
behind this is that admission is evidence against the party who has made the
admission and it can be proved against that person.
Self-harming admissions are relevant under Bharatiya Sakshya
Adhiniyam,2023 (BSA)BSA because the rule of law is that if a person makes
certain statements against his own interest,it will be considered that the
statement must be true.
Key Components of Section 19 of BSA
 Against the maker of an admission:– Admissions are relevant facts and can
be used as evidence against the person who is making it or their
representative.
 By or on Behalf of the Person Who Made the Admission:-Admissions cannot
be used by the person who made them or their representative to support
their case, because of some specific exceptions provided in the section.
Exceptions of Section 19 of BSA
Under Section 19 of the Bharatiya Sakshya Adhiniyam,2023 (BSA),only self
harming admissions are relevant and not self serving ones.It also further
 states that admissions cannot be proved by or on behalf of the person who
makes it except in the conditions provided under that particular section.
Three circumstances are provided under section 19 of BSA where self serving
statements can be proved,they are as under :-
 Under Section 26 of BSA ,if the statements made by the person would be
admissible as against the third person if the maker were dead.
 The statement relates to the state of mind or body and when such a state of
mind or body existed.That state of mind or body should be accompanied by
the conduct which renders its falsehood improbable.
 Where admission is otherwise relevant than as admission. Example:- Section
4 of the BSA where statements form the part of the same transaction and
are admissible.
Examples
 Forgery : A dispute arising regarding whether a deed is forged or not, where
one party can use a statement by the other party admitting the deed’s
genuineness. But they cannot use their own statement to support their point.
 Ship Captain : The logs maintained by the captain of the ship who is been on
trial for misdirecting the ship can be shown kept in the ordinary course of
business to show proper navigation, as these records would be admissible if
the captain were dead.
 Plea of Alibi : A person accused of a crime can show a letter written by him
from a different city on that particular crime’s date, as these letter would be
relevant if the person were dead.
 Stolen Goods : An accused person’s refusal to sell goods below the value, to
show they did not know the goods were stolen.
 Counterfeit Currency : An accused person can use their actions by asking an
expert to examine currency, showing they doubted if it is real or fake.
CONFESSION ( SECTION 22 -24 of BSA )
 What is a Confession?
The word ‘confession’ is not defined under The Bharatiya Sakshya
Adhiniyam,2023 ( BSA).Lord Atkin has defined confession in the case
‘ Pakala narayan swami v.Emperor’,under which the court held that a
confession must either admit in terms of offense or at any rate substantially
all the facts which constitute the offense.If a statement made by accused
does not contain direct admission in terms of commission of offense, it will
not be considered as a confession.
A confession can be understood like ,when someone admits that they have
committed a crime. They will say, “Yes, I did it.”A confession can be used as
a piece of evidence in court to prove that someone is guilty of a crime . But
for a confession to be valid and used in court, it must be made voluntarily
without any pressure or deceit.
There are two types of confessions under BSA and they are :-
Judicial Confession – Confessions made before Magistrate or in Court are
presumed to be correct and true record and considered to be a substantive
piece of evidence.Under judicial confession-
 the person to whom it is made need not be called as a witness.
 it can be relied as proof of guilt against the accused person if it appears to
the court to be voluntary and true.
 conviction may be based on it.
Extra Judicial Confession – Confession where the accused admits his guilt
or crime to any person other than the Court or a Magistrate.Extra judicial
confession can be proved by either-
 orally examining the person to whom Confession is made.
 if it’s in writing, by inspecting the document in which the confession is
recorded.
 by calling as witness the person before whom the extra judicial confession
was made.
 it alone cannot be relied upon,it needs support of other supporting evidence.
 it is unsafe to base conviction upon it.
Key Components of Sections 22 to 24 of BSA
Section 22: Confessions Made Under Pressure
This section makes sure that confessions aren’t made under someone who
was scared, threatened, or promised something in return. If the court finds
out that a confession was made by a person under pressure, it won’t be
considered as evidence. However, if the person later confesses where there
was no pressure made over him, the court might accept it. Additionally, the
confession doesn’t become irrelevant just because the person says that he
was intoxicated , drunk or got tricked when they confessed, or they weren’t
warned about their rights.(Earlier under Section 24,28 and 29 of IEA,1872)
Section 23: Confessions to Police Officers
Under this section any confession made directly to a police officer by an
accused cannot be used in court against him.This is because there’s a higher
risk that the confession might have been coerced by the police officer.But,if
the confession is made in the presence of a Magistrate while the person is
still in police custody,it can be considered and taken into account.
Exception
If the police officer finds a new evidence or there is a discovery of a new
fact ,because of something the accused confessed, that part of the
confession can be taken into consideration and used in a court (Earlier under
Section 25-27 of IEA,1872)
Section 24: Confessions Involving Multiple
People
 Under is this section where more than one person is involved in a trial for the
same crime.If one person confesses and that confession implicates others on
trial with them,the court can use this confession as evidence against
everyone involved in the trial for the same crime.Under this rule,when
people are tried together, a confession by one can impact all those involved.
Exceptions of Confession
 Voluntary Confession After removal of Pressure :If someone confesses freely
after removal of pressure or threat, the confession can be taken into
consideration.
 Confessions Despite Circumstances: A confession doesn’t become irrelevant
just because the person was tricked, drunk, or was not properly warned
about the consequences of it.
 Discovery of New fact: If a confession leads to the discovery of any new facts
or evidence, that part of the confession can be taken into consideration.
Examples
 A suspect confesses because he was threatened with harm by someone in
authority.This confession will not be accepted in the court. But if the same
person confesses again later, without any threat, the court will take into
account his second confession.(section 22)
 A suspect in police custody confesses where he hid the stolen goods, and the
police then discovered those goods based on that confession. Even though
the confession was made in police custody, the part that led to discovery of
the stolen items can be used in court.(section 23)
 A and B, are on trial together for a crime and A confesses- “B and I did the
crime together,” it can be used as evidence against both A and B.(section
24)

Distinction Between Admissions and Confessions

While both admissions and confessions are statements that can be used as evidence,
there are key differences between them:

 Scope: Admissions can be made in both civil and criminal cases, while
confessions are limited to criminal cases.
 Nature: Admissions are generally statements acknowledging a fact, while
confessions are statements acknowledging guilt of a crime.
 Voluntariness: While voluntariness is important for both, it is particularly crucial
for confessions.

In conclusion, admissions and confessions are essential concepts under the Indian
Evidence Act (BSA) 2023. Understanding the distinctions between these two types of
statements is crucial for legal practitioners and those involved in the legal process.

 Relevant case laws

 In Pakala Narayan Swami v. Emperor Lord Atkin defines confession as "A confession must
either admit in terms the offence or at any rate substantially all the facts which constitute the
offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is
not in itself a confession.”
 Palvinder Kaur v. State of Punjab
 The Supreme Court approved the Privy Council decision in Pakala Narayan Swami case
over two scores.
 Firstly, the definition of confession is that it must either admit the guilt in terms or admit
substantially all the facts which constitute the offence.
 Secondly, that a mixed-up statement which even though contains some confessional
statement will still lead to acquittal, is no confession.
 Thus, a statement that contains self-exculpatory matter which if true would negate the matter
or offence, cannot amount to confession.
 Nishi Kant Jha v. State of Bihar
 The Supreme Court pointed out that there was nothing wrong or relying on a part of the
confessional statement and rejecting the rest, and for this purpose, the Court drew support
from English authorities.
 When there is enough evidence to reject the exculpatory part of the accused person’s
statements, the Court may rely on the inculpatory part. Conclusion
Admissions and confessions are essential concepts in the Indian Evidence Act,
2023. Understanding the distinctions between them is crucial for both legal
professionals and the general public. However, it is important to remember that
the admissibility of such evidence is subject to various legal complexities and
should be assessed on a case-by-case basis.