Section 20 of Indian Evidence Act

Section 20 of Indian Evidence Act

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Section 20 of Indian Evidence Act: Admissions by Persons Expressly Referred to by Party to Suit

Introduction

Section 20 of Indian Evidence Act (IEA) deals with the concept of admissions by persons expressly referred to by a party to a suit. This section provides that statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

Essentials of Section 20 of Indian Evidence Act

To constitute an admission under Section 20, the following essentials must be satisfied:

  1. The statement must be made by a person to whom a party to the suit has expressly referred for information.

  2. The statement must be made in reference to a matter in dispute.

  3. The statement must be relevant to the matter in dispute.

Rationale Behind Section 20 of Indian Evidence Act

The rationale behind Section 20 is that a party to a suit is more likely to refer to a person for information if that person has knowledge of the matter in dispute. Therefore, the statements made by such a person are more likely to be reliable and relevant to the case.

Scope of Section 20 of Indian Evidence Act

Section 20 applies to both civil and criminal proceedings. However, the principle underlying Section 20 may apply to criminal proceedings as well and that the absence of the accused would not affect the admissibility of the statement of the referee.

Examples of Section 20 of Indian Evidence Act

Here are some examples of admissions under Section 20 of Indian Evidence Act:

  1. A party to a suit refers to a doctor for information about the cause of death of a person. The doctor’s statement about the cause of death is an admission under Section 20.

  2. A party to a suit refers to a shopkeeper for information about the price of a product. The shopkeeper’s statement about the price of the product is an admission under Section 20.

  3. A party to a suit refers to a neighbor for information about the boundary of a property. The neighbor’s statement about the boundary of the property is an admission under Section 20.

Section 20 of Indian Evidence Act is an important provision that allows for the admission of statements made by persons who have been expressly referred to for information by a party to a suit. These statements can be very helpful in proving or disproving a matter in dispute.

Here are some case laws on Section 20 of Indian Evidence Act:

Hirachand Kothari v. State of Rajasthan (AIR 1985 SC 998)

In this case, the Supreme Court held that Section 20 applies to both civil and criminal proceedings. The Court also held that the principle underlying Section 20 may apply to criminal proceedings as well and that the absence of the accused would not affect the admissibility of the statement of the referee.

K.M. Singh v. Secretary, Association of Indian Universities (AIR 1992 SC 1356)

In this case, the Supreme Court held that Section 20 applies to statements made by persons who have been expressly referred to for information by a party to a suit, even if the party to the suit is not present when the statement is made.

Radha Kishan v. State (AIR 1960 Punj 294)

In this case, the Punjab High Court held that Section 20 applies to statements made by persons who have been expressly referred to for information by a party to a suit, even if the statement is made voluntarily.

Amin v. State (AIR 1958 All 290)

In this case, the Allahabad High Court held that Section 20 applies to statements made by persons who have been expressly referred to for information by a party to a suit, even if the statement is made in the absence of the party to the suit.

Sharma v. Satish (AIR 1954 SC 300)

In this case, the Supreme Court held that Section 20 applies to statements made by persons who have been expressly referred to for information by a party to a suit, even if the statement is made by the person who is being accused of a crime.

These are just a few examples of the many case laws that have been decided on Section 20 of Indian Evidence Act. These cases provide valuable guidance on the interpretation and application of this important provision.

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