Evidence Act · Chapter II · Of the relevancy of facts

Evidence Act section 23 in the BSA

Evidence Act 23BSA 21

Evidence Act section 23, “Admissions in civil cases when relevant”, is now BSA section 21 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 23 to BSA 21

Now BSA section 21, with the same rule; “barrister, pleader, attorney or vakil” becomes “advocate”.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 23 Admissions in civil cases when relevant

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 barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.

Bharatiya Sakshya Adhiniyam, 2023

Section 21 Admissions in civil cases when relevant

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).