Section23
The Indian Evidence Act, 1872

Admissions in civil cases when relevant

Repealed From 01 Sep 1872 Act 1 of 1872 As on 14 Oct 2026

Act 1 of 1872 Ministry Law and Justice Enacted 15 Mar 1872 In force 01 Sep 1872

This provision is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 23 of the Indian Evidence Act, 1872 deals with admissions in civil cases when relevant. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

Explanation. –– Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under

Section 23, The Indian Evidence Act, 1872 (Act 1 of 1872).

Now in the Bharatiya Sakshya Adhiniyam

BSA 21 Admissions in civil cases when relevant Text carried over almost unchanged 95%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 07 Nov 2017 KLHC010426402014

    … It is argued that Ext.A2 is wholly manipulated and the same cannot be acted upon or relied on. Further, the learned counsel for the appellants has argued that Ext.A3 is in violation of the provisions of Section 31 of FERA and therefore, it is void under Section 23 of the Indian Evidence Act. The further argument is that Ext.A2 violates the provisions of Section 85 of the Indian Evidence Act and Sections 2(d) and 14 of the Notaries Act. It has also been argued that Ext.A2 was not properly executed and authenticated before appropriate authority as contained under the provisions …

    Read this order on eCourtsIndia

Questions about Section 23

What does Section 23 of the Indian Evidence Act deal with?

Section 23 of the Indian Evidence Act is headed "Admissions in civil cases when relevant". In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

How do I find court cases under Section 23 of the Indian Evidence Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 23, section 23 IEA, section 23 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 23 of the Indian Evidence Act, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BSA 21 (Admissions in civil cases when relevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 23 of the Indian Evidence Act come into force?

Section 23 of the Indian Evidence Act, cited as IEA 23, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.