Section 21 BSA 2023: Admissions in Civil Cases When Relevant
Section 21 of the Bharatiya Sakshya Adhiniyam, 2023 deals with admissions made in civil cases under an express or implied agreement that the statement will not be given in evidence. In such circumstances, the admission is not relevant. The provision also preserves the statutory exception relating to an advocate who may be compelled to give evidence under Section 132(1) and Section 132(2).
Text of Section 21 - Admissions in civil cases when relevant
21. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation. Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.
Meaning and scope of Section 21
The section is concerned with the evidentiary relevance of certain admissions in civil proceedings. An admission that would otherwise be relevant may become irrelevant where the parties have expressly agreed that it will not be used in evidence, or where the surrounding circumstances allow the Court to infer such an agreement.
The rule is especially important in communications made during genuine attempts to resolve civil disputes. The statutory test, however, depends on the condition attached to the admission or on circumstances from which an agreement of non-disclosure can reasonably be inferred. Merely describing a communication as confidential does not by itself determine every evidentiary issue; the Court must apply Section 21 to the facts and context of the case.
When an admission becomes irrelevant under Section 21
- Express condition: the admission is made on a clear condition that evidence of the admission is not to be given.
- Implied agreement: the circumstances are such that the Court can infer that the parties agreed that the admission would not be used in evidence.
- Civil proceedings: Section 21 specifically addresses admissions in civil cases.
- Judicial assessment: where no express condition exists, the Court considers the surrounding facts to decide whether an agreement against use in evidence can be inferred.
Explanation to Section 21 and Section 132
The Explanation makes clear that Section 21 does not create an absolute exemption for advocates. It expressly preserves situations in which an advocate may be required to give evidence under Section 132(1) and Section 132(2) of the Bharatiya Sakshya Adhiniyam, 2023.
Section 132 protects professional communications between an advocate and client, subject to statutory exceptions. In particular, its proviso does not protect a communication made in furtherance of an illegal purpose or a fact observed by an advocate in the course of professional service showing that a crime or fraud has been committed after the service began. Sub-section (2) clarifies that it is immaterial whether the advocate's attention was specifically directed to that fact.
Practical examples
| Situation | Possible effect under Section 21 |
|---|---|
| A party makes an admission expressly on the condition that it will not be produced in evidence. | The admission is not relevant in the civil case if the statutory condition is satisfied. |
| Parties exchange statements during negotiations in circumstances showing a mutual understanding that they will not be used in Court. | The Court may infer an agreement that the statements were not to be given in evidence. |
| A statement is made without any express condition and without surrounding circumstances indicating such an agreement. | Section 21 does not automatically make the admission irrelevant; other provisions governing admissions may apply. |
Relationship with other provisions on admissions
Section 21 forms part of the provisions on admissions in Chapter II of the Bharatiya Sakshya Adhiniyam, 2023. It should be read with the surrounding provisions, including Section 15 (admission defined), Sections 16 to 18 (who may make relevant admissions), Section 19 (proof of admissions), Section 20 (oral admissions as to contents of documents), and Section 25 (admissions not conclusive proof, but may estop).
Official source
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. For the authoritative statutory text and current legislative information, refer to India Code.
India Code - Bharatiya Sakshya Adhiniyam, 2023
Frequently asked questions
What does Section 21 of the BSA provide?
It provides that, in civil cases, an admission is not relevant where it was made on an express condition that it would not be given in evidence, or where the Court can infer from the circumstances that the parties agreed that it would not be given in evidence.
Does Section 21 apply to criminal confessions?
No. Section 21 concerns admissions in civil cases. Criminal confessions are dealt with separately, beginning with Section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
Does Section 21 create an absolute privilege for advocates?
No. Its Explanation expressly states that the section does not exempt an advocate from giving evidence of a matter that may be compelled under Section 132(1) and Section 132(2).
Law checked against the official India Code text. The Bharatiya Sakshya Adhiniyam, 2023 has been in force since 1 July 2024.