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Under section 16(1) of the Bharatiya Sakshya Adhiniyam, 2023, when are an agent’s statements treated as admissions of a party?

Question and options

Under section 16(1) of the Bharatiya Sakshya Adhiniyam, 2023, when are an agent’s statements treated as admissions of a party?

  1. When the speaker has business dealings with the party.

  2. When the Court regards the agent as authorised by the party to make them.

  3. When written authority expressly covers each particular statement.

  4. When the agent is also formally joined as a party.

Answer and explanation

Correct answer: B - When the Court regards the agent as authorised by the party to make them.

Under section 16(1) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 18 of the Indian Evidence Act, 1872), statements made by an agent whom the Court regards, in the circumstances, as expressly or impliedly authorised by the party to make them are admissions. Mere business association with the party is not enough, and the section requires neither a written authority for each statement nor joinder of the agent as a party.

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