§ SECTION 16 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Admission by party to proceeding or his agent

The WHO of admissions: the party and his authorised agent — and three special speakers (representatives, interested persons, predecessors), each on a strict time lock.

How to read Section 16

Two lists of qualified speakers — and the clocks that govern them.

What it is about

Whose statements count as admissions: (1) the party and his authorised agent; (2) representatives, interested persons and predecessors-in-interest.

The authority test

An agent binds the party only if the court finds authority to make statements — express, or implied from the circumstances.

The time locks

The representative binds only while holding the character; group (ii) only during the continuance of the interest.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 16 · verbatim

(1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions.

(2) Statements made by—

(i)parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or

(ii)(a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or

(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit,

are admissions, if they are made during the continuance of the interest of the persons making the statements.

In short: the party answers for his own words and his authorised agent’s; a representative answers only for words spoken while wearing the hat; and interested persons and predecessors bind only for words spoken while their interest lasted.

→ Two clocks run through the section: the character clock in (i), the interest clock in (ii) — words outside the window bind nobody but their maker.

Glossary

agent

One authorised to act — here, specifically authorised to speak for the party.

representative character

Suing or sued for others — trustee, executor, administrator.

proprietary / pecuniary interest

An ownership or money stake in the subject-matter.

derived interest

Title traced from another — the buyer from the seller, the heir from the ancestor.

during the continuance

The time lock — only words spoken while the interest or character lasted.

The picture

The gallery of qualified speakers.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

(1) Party & agent(2) The special speakers

sub-s. (1)The party — and his authorised mouth

In one lineA party’s own statements are admissions — and so are his agent’s, if the court finds authority (express or implied) to make them.

(1) Statements made by a party to the proceeding,speaker 1 · the partythe party’s own words — the core case.

or by an agent to any such party,speaker 2 · the agenthis agent’s words too…

whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them,the authority test…but only if the court finds authority to speak — express, or implied from the circumstances.

are admissions.the resultthey count as admissions against the party.

ExampleA property manager authorised to negotiate the rent tells the tenant “yes, the arrears are ₹80,000” — that binds the owner. The same manager’s tea-shop gossip about the owner’s finances does not: no authority to speak on that.

✗ Not thisNot every employee is an agent to make statements: a company driver’s remark at the accident spot does not bind the company. The test is authority to speak — not mere employment.

sub-s. (2)Three special speakers — on the clock

In one lineThe representative (only while holding the character), the interested (speaking as such), and the predecessor-in-interest — all bind only while the interest continues.

(2) Statements made by—the second listthree special speakers follow:

(i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or⚠ the hat rulea trustee or executor’s words bind only while wearing the hat — earlier or later words do not.

(ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; orthe interestedco-owners and others with a stake, speaking as stakeholders.

(b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit,the predecessorthe person you bought or inherited from — his words about the property.

are admissions, if they are made during the continuance of the interest of the persons making the statements.⚠ the time lockall of group (ii) bind only for words spoken while the interest lasted.

ExampleBefore selling the plot, the seller admitted to the neighbour that the well stood on the neighbour’s side. The buyer who derives title from him is bound by that admission — it was made while the seller’s interest continued.

✗ Not thisThe time lock is strict: an ex-trustee’s later account of old affairs, or a seller’s statement after the sale, is not an admission against the estate or the buyer.

Connected provisions

§ 15

Admission defined

§ 15 built the definition; § 16 supplies the “persons” it promised.

§ 17 · next

More qualified speakers

Persons whose position or liability must be proved as against a party.

CPC O. XII

Admissions in pleadings

Civil procedure has its own machinery for admissions on the record — judgment may follow on them.

lineage

IEA 1872, § 18

This provision carries forward section 18 of the repealed Evidence Act.