​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Admissions by Persons Whose Position Must Be Proved (Section 17)
1. General Rule

• Statements made by a third person are treated as admissions
• Only when that person’s position or liability is in issue in the case

👉 In simple words:
If a case depends on someone else’s liability, then what that person says becomes relevant.

2. Core Principle👉 When liability of one party depends on liability of another, statements of that other person become admissions.

3. Example

• A is agent of B (collects rent)
• B sues A for not collecting rent from C
• A says: “C did not owe rent”
• C earlier said: “I owe rent to B”

👉 C’s statement = Admission against A

4. Scope of Section

• Applies where:
  • Rights/liability of one party depends on third party’s liability
• Common situations:
  • Agent–Principal
  • Debtor–Creditor
  • Contract through third person

5. Essential ConditionsTo apply Section 17, all must be satisfied:

1. Relationship must exist
   • Between parties (e.g., agent–principal)
2. Third person’s liability must be in issue
   • Case outcome depends on that liability
3. Statement must relate to that liability
4. Statement must be made during existence of liability
   • If liability ended (e.g., time-barred) → NOT relevant

6. Important Limitation❌ Statement NOT relevant if:

• Made after liability ceased
• Example: Debt already time-barred

7. Key Concept👉 Third person’s statement becomes admissible because:

• It directly affects legal rights of parties in dispute

Quick Revision Line👉 If your liability depends on another person, his statement about that liability can be used against you.