Admissions in civil cases when relevant.
What this section does
In civil cases, an admission is not relevant if it was made on an express condition that it would not be given in evidence, or under circumstances from which the Court can infer a mutual agreement to that effect. This section protects 'without prejudice' communications. However, it does not exempt an advocate from giving evidence on matters he is compellable to testify about under Section 132(1) and (2).
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Admissions made on express or implied condition of confidentiality are inadmissible in civil proceedings.
When it applies
- Parties negotiate a settlement and expressly agree that statements made during negotiations shall not be used in court — such admissions are irrelevant.
- A letter marked 'without prejudice' sent during pre-litigation discussions cannot be tendered as an admission in the subsequent civil suit.
Derived from IEA s.23.
Read the official text
For the binding statutory text of BSA Section 21, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 21 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.