Indian Evidence Act Section 20: Admissions by persons expressly referred to by party to suit

Statements made by persons to whom party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

Illustration

The question is, whether a horse sold by A to B is sound.

A says to B- ” Go and ask C, knows all about it” C’s statement is an admission.

Section 20 of the Indian Evidence Act, 1872 deals with the relevance of admissions made by persons who have been expressly referred to by a party to a suit. This section allows the statements or admissions made by such persons to be considered as evidence against the party who referred to them.

Explanation:

• Express Reference for Information: This section applies when a party to a suit explicitly refers to another person for information regarding a matter in dispute. By making such a reference, the party effectively adopts the statements of that person as their own.
• Admissions as Evidence: The statements or admissions made by the person referred to are treated as admissions by the party who referred to them. This means that these statements can be used as evidence against the referring party in the legal proceedings.
• Scope: This section is particularly relevant in cases where one party directs the other party, or the court, to consult a third person for specific information or clarification on a disputed matter. Once the reference is made, the statements of that third person become binding on the referring party.

Example:

Imagine a case where A is suing B for non-payment of a debt. B claims that they have already paid the debt and directs A to ask C, B’s accountant, for confirmation.

• Fact in Issue: Whether B has paid the debt to A.
• Relevant Admissions under Section 20:
  1. Express Reference: B tells A, “If you don’t believe me, you can ask my accountant, C, who handles all my payments.”
  2. Admission by C: A then asks C, and C says, “I checked our records, and there’s no payment made to A for the debt in question.”
  3. Binding Admission: Since B expressly referred A to C for confirmation, C’s statement that no payment was made is considered an admission by B under Section 20. This statement can be used as evidence against B in the suit.

Significance:

Section 20 is significant because it ensures that a party cannot avoid responsibility for statements made by another person to whom they have expressly referred for information. By referring someone for information on a matter in dispute, the party effectively endorses that person’s statements as their own. This section helps in holding parties accountable for the information provided by those they reference, ensuring that relevant admissions are considered in resolving the dispute. It prevents parties from distancing themselves from statements that may be unfavorable to them once they have directed others to rely on those statements.