Admission Under Indian Evidence Act ( SEC 17-23, 31) | Civil Law for Judiciary Exams PDF Download

Introduction

• Admission is defined under Section 17 as a statement implying an inference regarding a fact in issue or a relevant fact, made under specific circumstances.
• Admission can be oral, documentary, or in electronic form. Unlike confession, admission does not directly indicate guilt but is a weaker form of evidence.
• Admissions serve to check the credibility of a witness and are not substantive evidence.
• Admissions must be clear and unambiguous. They are made by parties involved in the proceedings or their agents.
• Statements made by parties interested in the subject matter or those from whom the parties derived their interest are considered admissions.

Admission by a Stranger

• Section 20 provides an exception to the rule of admission by a stranger.
• Admissions made by a third party become relevant when a party directs another to seek information from that third party regarding uncertain or disputed matters.
• Illustration:
  • If the question at hand is whether a horse sold by A to B is sound, and A tells B to ask C, who has knowledge about the horse, then C's statement is considered an admission.

Admissions Made in Favor of a Person

• Section 32: Statements made by a deceased person can be considered as admissions in favor of that person.
• Section 14: Statements regarding bodily feelings or state of mind can also be admissions in favor of the individual making them.
• Other Relevant Statements: If a statement is otherwise relevant, it may be proven as a relevant fact and not necessarily as admissions.

Illustration: Let's consider a scenario where there is a dispute between individuals A and B regarding the authenticity of a deed. A claims it is genuine, while B asserts it is forged.

In this situation, A can provide evidence of B stating that the deed is genuine, and vice versa. However, A cannot prove his own statement that the deed is genuine, and the same applies to B regarding his assertion that the deed is forged.

Oral Admissions

• Section 22 covers the admissibility of oral evidence. Oral admissions regarding the contents of a document are not considered relevant unless the party presenting them demonstrates their entitlement to provide secondary evidence of the document's contents under the subsequent rules or if the authenticity of a produced document is under scrutiny.
• Oral admissions concerning the content of an electronic recording are deemed relevant, except when the authenticity of the recording is not in question.

Admissions in Civil Cases

Section 23 discusses admissions in civil cases. In civil cases, an admission is considered irrelevant if:

• It is made upon an express condition that evidence of it is not to be given.
• It is made under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

Let's elaborate on these points:

Express Conditions

• When an admission is made with the condition that evidence of it will not be presented, it is not considered relevant in civil cases.
• For example, if Party A admits to owing money to Party B but states that this admission cannot be used as evidence in court, it would not be relevant in the case.

Agreement Between Parties

• If the Court determines that both parties agreed that a particular admission should not be used as evidence, it is not admissible in civil cases.
• For instance, if two parties agree outside of court that certain admissions should remain confidential and not be brought up in legal proceedings, those admissions would not be relevant in the case.

Admissions are not Conclusive Proof

• Admissions are not considered definitive proof but can serve as an estoppel under Section 31.
• Section 31 of The Indian Evidence Act assigns evidentiary value to admissions made under Sections 17-30.
• An admission, unless it operates as an estoppel, is not conclusive but can be challenged.
• Admissions are a significant piece of evidence and should be viewed in their entirety.

Examples:

• If a defendant admits to owing money to the plaintiff in a civil case, that admission can be used against them in court.
• Similarly, a criminal suspect's admission of guilt to a crime can be a crucial piece of evidence during a trial.