Section 121 BSA 2023: Estoppel
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) contains the general rule of estoppel. In simple terms, a person who intentionally causes or permits another person to believe a fact to be true, and to act upon that belief, cannot later deny that fact in a suit or proceeding between them or their representatives.
At a glance: Section 121 is placed in Chapter VIII, "Estoppel", of the Bharatiya Sakshya Adhiniyam, 2023. The BSA came into force on 1 July 2024.
Text of Section 121 - Estoppel
121. Estoppel. When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Meaning of estoppel under Section 121
Estoppel is a rule that prevents a person from taking a position inconsistent with a representation that the person earlier made or knowingly permitted, where another person relied on that representation and acted upon it. The rule protects reliance and prevents a party from denying a state of affairs that the party intentionally induced another to accept as true.
Essential requirements of Section 121
For the statutory rule in Section 121 to operate, the language of the provision indicates these core requirements:
- There must be a declaration, act or omission by a person.
- That conduct must intentionally cause or permit another person to believe a thing to be true.
- The other person must act upon that belief.
- The attempted denial must arise in a suit or proceeding between the relevant persons or their representatives.
- If those conditions are satisfied, the person who induced the belief, or that person's representative, is not allowed to deny the truth of the represented fact.
Statutory illustration
The illustration to Section 121 gives a land transaction example. A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land later becomes A's property. If A then seeks to set aside the sale by arguing that A had no title when the sale was made, A cannot be allowed to prove that want of title.
The illustration shows the basic purpose of estoppel: a person should not be permitted to contradict a factual position that the person intentionally represented and on which the other party acted.
Section 121 and the earlier Indian Evidence Act, 1872
Section 121 BSA substantially carries forward the general statutory rule of estoppel that appeared in Section 115 of the Indian Evidence Act, 1872. The BSA repealed the Indian Evidence Act, 1872, subject to the savings provision in Section 170 of the BSA.
Pending proceedings: Section 170(2) of the BSA provides that an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before the BSA commenced continues to be dealt with under the Indian Evidence Act, 1872, as if the BSA had not come into force.
Related provisions on estoppel
| Provision | Subject |
|---|---|
| Section 121 | General rule of estoppel |
| Section 122 | Estoppel of tenant and of licensee of person in possession |
| Section 123 | Estoppel of acceptor of bill of exchange, bailee or licensee |
Practical point
Section 121 does not merely depend on a statement being made. The statutory wording focuses on an intentional declaration, act or omission that causes or permits another person to believe a fact and act upon that belief. Whether estoppel applies therefore depends on the proved facts and the conduct of the parties in the particular proceeding.
Last updated: 13 September 2026.