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​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Admissions by Persons Expressly Referred (Section 18)
1. General Rule
  • Statements made by a person expressly referred by a party for information are admissions
  • Such statements become binding on the party making the reference
👉 Logic:
  • By referring someone, the party adopts that person’s statement as his own

2. Meaning of “Expressly Referred”
  • A party clearly directs the other party to seek information from a third person
  • That person’s statement is treated as admission of the referring party

3. Example
  • A sells horse to B
  • B doubts horse’s condition
  • A says: “Ask C, he knows everything”
    👉 C’s statement = Admission against A

4. Key Principle👉 When a party refers another person for information, he is deemed to approve that person’s statement in advance.

5. Scope of “Information”
  • Not limited to unknown facts
  • Includes opinions, knowledge, or statements relevant to dispute
  • Even if Court seeks clarification through such person → still covered

6. Case Law Principle
  • If a party agrees to rely on someone’s statement (even conditionally),
    👉 He becomes bound by that statement

7. Self-Regarding Statements (Concept Link)(a) MeaningStatements relating to one’s own interest:
  • Self-serving → in favour of maker
  • Self-harming → against interest of maker

(b) Rule
  • Self-harming statements → admissible
  • Self-serving statements → generally NOT admissible
👉 Reason:
  • People are unlikely to lie against their own interest
  • But may easily make statements to benefit themselves

8. Link with Section 19
  • Section 18 + 19 together:
    👉 Admissions are generally used against the maker
    👉 Not in his favour (except exceptions)

Quick Revision Line👉 If you tell someone to “ask X”, you are bound by what X says.
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