Admissions in Evidence Act | Civil Law for Judiciary Exams PDF Download

What is Admission in Evidence Act?

• Admissions are statements that can be used as evidence in court proceedings. They are covered under Sections 17 to 31 of the Indian Evidence Act, 1872. General admissions are discussed in Sections 17 to 23, while Confessions are covered in Sections 24 to 31. A Confession is when an accused admits guilt in a criminal case, which holds weight as valid evidence.
• Admissions can either be self-harming or self-serving. Self-harming admissions are admissible in court. Interestingly, admissions can even be made through silence.
• Section 17 defines an Admission as a statement, oral or written, that implies a fact relevant to the issue at hand. It can be made in various circumstances by different individuals.
• In the case of Basant Singh v. Janki Singh, the Supreme Court clarified that admissions made in a pleading by a party can be used as evidence against them in other suits. However, these admissions are not necessarily considered conclusive and can be challenged by the party.
  • Section 17 of the Indian Evidence Act, 1872 treats all admissions equally, whether in a pleading or otherwise. Admissions in a pleading can be used as evidence in other suits but are subject to scrutiny and may not be considered conclusive.
  • All statements in a pleading are admissible as evidence, but the court has the discretion to accept or reject them based on their veracity.

Types of Admission in Evidence Act

• Formal Admission under Evidence Act: Formal admissions, known as judicial admissions, do not require further proof according to Section 58 of the Indian Evidence Act. These are facts that are judicially admitted.
• Informal Admissions in Evidence Act: Informal admissions are typically made in casual settings without the awareness of potential future legal implications. For instance, such admissions may occur in conversations with friends, family, or neighbors.

Admission As A Waiver Of Proof

• When parties make an admission of fact, it serves as a waiver of the need to provide evidence for that specific fact. By admitting a fact, a party essentially exempts itself from the requirement to prove it through evidence.

Understanding Admissions When Admissible

• Relevance to Subject Matter: Admissions should pertain to the topic or subject under discussion.
• Nature of Admission: Admissions typically involve a form or statement that is self-incriminating in nature.
• Legal Criteria for Admissions: According to Sections 18 to 20 of the Indian Evidence Act, admissions must be made by specific individuals in certain circumstances.

For instance, if a defendant in a criminal case admits to committing the crime during the trial, this admission is directly related to the subject matter at hand. It's crucial because it provides insight into the case and influences the judgment.

Consider a scenario where a person admits to owing a debt in a signed document. This admission serves as a self-incriminating statement as it acknowledges a legal obligation, showcasing the nature of admissions.

Under the Indian Evidence Act, only admissions made by individuals specified in Sections 18 to 20 are admissible in court. For example, if a statement is made by a person who has a direct interest in the subject matter, such admission holds legal weight.

Who Can Make Admissions?

• Party to the proceedings: Statements made by individuals involved in a legal case, whether officially listed as parties or not, are considered admissions. This includes those with a stake in the matter, even if not formally recognized.
• By the agent of such party who is authorized: Statements by a legal representative are admissible against the person they represent, but only while the representation is ongoing.
• Suitor is a representative character, when he held that character: Declarations made by individuals like trustees or executors are relevant only if made in their official capacity as representatives.
• Party having pecuniary or proprietary interests: In cases where multiple parties share a financial or property interest, admissions by one party are binding on all jointly concerned parties.
• Predecessor in the title (who was in the title before me): Statements by the previous titleholder from whom the current party derives their title are admissible, but only if made while holding the title.

Section 19: Person Whose Position or Liability in Question Can Make Admissions

• Statements made by a third party in a legal case are typically not considered admissions.
• Exception - Section 19: Statements by a third party can be treated as admissions if they affect the third party's own position or liability.
• For these statements to be relevant, the third party's liability or position must still be in existence at the time of the lawsuit.

For example, let's consider a situation:

• If a person, let's call him John, makes a statement that impacts his own legal position or liability in a case,
• John's statement could be used as evidence against him in court.
• This would only apply if John's position or liability mentioned in the statement is still relevant at the time of the legal proceedings.

Section 20: Admissions by Persons Referred to in a Lawsuit

• When a party in a lawsuit mentions a third party regarding a disputed matter, any statement made by that party is considered an admission against the person who referred to the third party.
• Admission involves conceding something against the person making the admission. This section specifically deals with admissions that are both oral and written. Admissions by conduct are not covered here.
• Statements made by strangers are generally not considered admissions, but this section creates an exception to that rule.
• The relevance of admissions by conduct is determined by Section 8 and its explanations.

For example, if in a court case, Person A mentions Person B as a witness to an event, any statement made by Person A regarding that event will be taken as an admission against Person A. This is because Person A referred to Person B in the context of the lawsuit.

Admission to Its Evidentiary Value

• Admission is not considered as definitive proof of a fact; it serves as prima facie evidence and can operate as an estoppel, preventing a person from denying the truth of a statement.
• There are two types of admissions: evidentiary admissions, which can be presented as evidence in court, and formal admissions, specifically made regarding the matters in court.
• The Supreme Court has clarified that admissions are not conclusive proof and may be rejected if contrary evidence is presented.
• In the case of Bishwanath Prasad vs. Dwarka Prasad (1974), the Supreme Court made key observations regarding admissions.
  • Admissions are substantive evidence on their own, even though they are not conclusive proof.
  • Admissions that are duly proven are admissible as evidence, regardless of whether the party making them testifies as a witness or not.
  • Admissions remain admissible even when the party making them is not called as a witness.
• The purpose of contradicting a witness under Section 145 is distinct from proving an admission in the Evidence Act.
• Justice Krishna Iyer emphasized that admissions are substantive evidence, while Section 145 aims to address doubts about the witness's veracity without becoming substantive evidence itself.
• In the case of Tara Singh v. State, it was highlighted that evidence from the committal court cannot be used in the Sessions Court without confronting the witness with their previous statement as required by Section 145 of the Evidence Act.

Admission As Estoppel

• Section 31 of the Indian Evidence Act states that admissions are not definitive proof of the matter admitted but can operate as an estoppel. This means that a person cannot later deny a fact they previously admitted in court.
• When an admission is treated as an estoppel, the rules outlined in Sections 115-117 of the Indian Evidence Act will come into play.
• When assessing the significance of an admission, it should be considered in its entirety. While it is not necessary to believe or disbelieve every part of the admission, certain portions may be accepted while others rejected.
• While statements made in a book are not considered conclusive admissions, they can be viewed as additional pieces of evidence when combined with other circumstances.

When Can Admissions Be Used in Legal Proceedings?

• Admissions under Section 21 can be used against the party making the admission but not by the party making the admission for their own benefit.
• Exceptions to this rule include:
  • Admissions falling under Section 32: This exception allows a person to prove their own statement when circumstances would make it relevant in a dispute between third parties.
  • Statements about bodily feelings or states of mind under Section 14: Statements about a person's mental or physical state, made when the state existed, and accompanied by relevant conduct, are considered.
  • Statements otherwise relevant: If a statement is relevant in another context, it can be used as such and not just as an admission.
• A statement that combines a fact and a legal question cannot be treated as an admission under Section 17, as only factual admissions bind the maker, not legal ones.
• An admission, whether a confession or not, must be used in its entirety and cannot be selectively used against the maker.

Let's consider an example to illustrate these concepts:

Imagine a scenario where Person A admits to owing money to Person B. In a legal dispute between Person B and Person C, Person B can use Person A's admission to prove the debt owed. However, Person A cannot use their own admission to benefit themselves in the same dispute.

Admissions When Irrelevant

• Oral Admissions as to Contents of Documents:
  • If a party is entitled to provide secondary evidence of document contents, oral admissions are permissible.
  • In cases where the original document is lost or with the opposing party, oral admissions can be made.
• Example: In a gift deed scenario, a donor claimed to be a minor during deed execution; however, he was bound by the statement in the deed stating otherwise.
• Secondary evidence can be presented when the original document is unavailable under Section 65.
• Oral accounts of document contents can be given by a person who has seen it, as per Section 63(5).
• Oral Admissions As To Contents Of Electronic Records:
  • Under Section 22A of the IT Act 2000, oral admissions are relevant when the genuineness of electronic records is in question.
• Admission in Civil Cases Is Relevant:
  • Section 23 specifies that if there is an agreement that admission evidence will not be given, it will not be presented in court.
  • Applies only to civil cases; an admission will not be relevant if parties agree that it should not be given.
• Without Prejudice Admissions:
  • An admission given without prejudice, as per Section 21, will not be considered relevant.