THE INDIAN EVIDENCE ACT 1872
TOPIC-ADMISSIONS
Â
ADMISSIONS:- S.17-Admission Defined-An admission is a statement, oral or documentary,
documentary, which suggests any inference as to any fact in issue or
relevant fact, and which is made by any of the persons, and under the
circumstances, hereinafter mentioned.
S.18-
Admission-by party to proceeding or his agent; by suitor in representative character;
by party interested in subject matter;
by person from whom interest derived.
S.18 Admission by party to proceeding or his agent.-Statements
made by a party to the proceeding, or by an agent to any such party,
whom the Court regards, under the circumstances of the case, as
expressly or impliedly authorized by him to make them, are admissions.
by suitor in representative character-Statements made by parties to
suits suing or sued in a representative character, are not admissions,
unless they were made while the party making them held that character.
S.13Statements made by–
by party interested in subject matter
(1) persons who have any proprietary or pecuniary interest in the
subject-matter of the proceeding, and who make the statement
in their character of persons so interested, or
by person from whom interest derived.
(2) persons from whom the parties to the suit have derived their
interest in the subject-matter of the suit,
are admissions, if they are made during the continuance of the
interest of the persons making the statements.
S.19
Admissions by persons whose position must be proved as against party to suit.
S.19 Admissions by persons whose position must be proved as
against party to suit.-Statements made by persons whose position or
liability it is necessary to prove as against any party to the suit,
are admissions, if such statements would be relevant as against such
persons in relation to such position or liability in a suit brought by
or against them, and if they are made whilst the person making them
occupies such position or is subject to such liability.
ILLUSTRATION-
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is a
relevant fact as against A, if A denies that C did owe rent to B.
S.20 Admissions by persons expressly referred to by party to suit.-
Statements made by person to whom a party to the suit has expressly
referred for information in reference to a matter in dispute are
admissions.
ILLUSTRATION-
The question is, whether a horse sold by A to B is sound.
A says to B–“Go and ask C, C knows all about it.” C’s statement
is an admission.
S.21
Proof of admissions against persons making them, and by or on their behalf-
S.21 Proof of admissions against persons making them, and by or on
their behalf.-Admissions are relevant and may be proved as against the
person who makes them, or his representative in interest; but they
cannot be proved by or on behalf of the person who makes them or by
his representative in interest, except in the following cases:-
(1) An admission may be proved by or on behalf of the person
making it, when it is of such a nature that, if the
person making it were dead, it would be relevant as
between third persons under section 32.
(2) An admission may be proved by or on behalf of the person
making it, when it consists of a statement of the
existence
14
of any state of mind or body, relevant or in issue,
made at or about the time when such state of mind or
body existed, and is accompanied by conduct rendering
its falsehood improbable.
(3) An admission may be proved by or on behalf of the person
making it, if it is relevant otherwise than as an admission.
ILLUSTRATION-
(a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged.
A may prove a statement by B that the deed is genuine, and B may
prove a statement by A that deed is forged; but A cannot prove a
statement by himself that the deed is genuine, nor can B prove a
statement by himself that the deed is forged.
(b) A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her proper course.
A produces a book kept by him in the ordinary course of his
business showing observations alleged to have been taken by him from
day to day, and indicating that the ship was not taken out of her
proper course. A may prove these statements, because they would be
admissible between third parties, if he were dead, under section 32, clause (2).
(c) A is accused of a crime committed by him at Calcutta.
He produces a letter written by himself and dated at Lahore on
that day, and bearing the Lahore post-mark of that day.
The statement in the date of the letter is admissible, because,
if A were dead, it would be admissible under section 32, clause (2).
(d) A is accused of receiving stolen goods knowing them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements, though they are admissions, because
they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession
counterfeit coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the
coin as he doubted whether it was counterfeit or not, and that that
person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding illustration.
S.22When oral admissions as to contents of documents are relevant.
S.22 When oral admissions as to contents of documents are
relevant.-Oral admissions as to the contents of a document are not
relevant, unless and until the party proposing to prove them shows
that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the
genuineness of a document produced is in question.
S.23Admissions in civil cases when relevant.
S.23. 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.
