​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Chapter on Estoppel (Sections 121–123)

1. IntroductionThere are certain facts which, although relevant, cannot be proved by evidence due to specific legal prohibitions. One such prohibition is based on the doctrine of estoppel. This doctrine lays down that a person cannot approbate and reprobate, cannot blow hot and cold, and cannot affirm a fact at one time and deny it at another. In essence, a person is prevented from contradicting a position which he has previously taken, especially when another person has relied upon it.
This chapter deals exclusively with facts governed by the principle of estoppel. Estoppel operates as a rule of exclusion of evidence under certain circumstances, thereby preventing a party from denying the truth of a representation already made by him. It does not create substantive rights but regulates the admissibility of evidence.
The provisions relating to estoppel under the Bharatiya Sakshya Adhiniyam, 2023 are contained in Sections 121 to 123, which include:

• Section 121 – Estoppel by conduct
• Section 122 – Estoppel of tenant and licensee of person in possession
• Section 123 – Estoppel of acceptor of bill of exchange, bailee, and licensee

The doctrine of estoppel is primarily relevant in civil law, where consistency, fairness, and good faith between parties are essential. It applies in specific legal relationships such as:

• between tenant and landlord, and licensee and licensor (Section 122);
• between acceptor and drawer of a bill of exchange, bailee and bailor, and licensor and licensee (Section 123).

Thus, estoppel does not declare a fact to be true or false but merely prevents a party, under particular circumstances, from leading evidence contrary to his earlier conduct or representation. It is therefore a rule of evidence grounded in justice, equity, and good conscience.