JAMIA MILLIA ISLAMIA

FACULTY OF LAW

EVIDENCE LAW ASSIGNMENT

TOPIC: ADMISSION (SECTION 17-23)

SUBMITTED TO: Dr. Eakramuddin Malik (Associate Professor)

SUBMITTED BY: Ujjwal Mishra

B.A.L.L.B (HONS.)

7TH SEMESTER, 4TH YEAR

ROLL NO: 56
TABLE OF CONTENTS

1) LIST OF CASES
2) Introduction
3) Characters and admissibility of admission
4) Who can make admissions (Section 18 to Section 20) -
5) Nature & Forms of Admission:
6) Proof of admission against persons making them, and by
or on their behalf (Section 21)
7) When oral admission as to contents of documents are
relevant
8) Conclusion
1) LIST OF CASES

 Bessela v Stern (1877), L. R. 2 C. P. D. 265)

 B.A Ramaiah V. State of A.P.,AIR 1960 AP 160
 Ajodhya Prasad м. Bhawani Shanker, AIR 1957 All 1
 Williiams vs K.B, [1833]
 Johnson v Lindsay, 27 July 1967
 Sitaramcharya v gururajcharya, 1977
 Raj kumar v official receiver, 1996
 Woolway vs rowe, 410 U.S. 113 (1973)
 Mayo vs mayo, 1968
 2) INTRODUCTION

The expression 'Admission' means "Voluntarily acknowledgment of the existence or

truth of a particular fact". But In the Evidence Act, the term 'Admission' has not been
used in this wider sense. It deals with admissions by statements only oral or written
or contained in an electronic form. Admission plays a very important role in judicial
proceedings. If one party to the suit or any other proceeding proves that the other
party has admitted his case, the work of court becomes easier. An Admission must be
clear, precise and not vague or ambiguous.

According to 17 of Indian Evidence Act, "An admission is a statement, oral or

documentary or [contained in electronic form1which 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."

There are three parts of the definition:

 It defines term "admission"

 It says that an admission will be relevant only if it is made by any of the person
specified in the Act.
 "Admission" is Relevant only in the circumstances mentioned in the Act.

Even though an admission plays a very important part in judicial proceedings, it is

only prima facie of proof.

The Supreme Court observed that “admissions are very weak kind of evidence and the
court may reject them if it is not satisfied from other circumstances that they are
untrue. It is to be noted that admissions are not conclusive proof of matters admitted
unless they operate as estoppels. The value of admission depends upon the
circumstances in which it made and to whom it is made.”

If party to a suit or proceeding proves that the other party has admitted his case then
the work of the court becomes easier. But, in certain cases an admission are used in
discrediting the parties’ statement by showing that he has on other occasions made

1
(Amendment w.e.f. 17/10/2000)]
 statements inconsistent with the cases afterwards set up. In such cases the truth of
admission is not relied upon. Section 153(3) deals with such use of admissions. The
evidentiary value of admission depends upon circumstances under which they are
made.

An erroneous admission on a point of law is not an admission of a thing so as to make

the admission a matter of estoppels and the court is not precluded from deciding the
rights of the parties on a true view of the law.

3) Characters and admissibility of admission

To constitute admission, the following characteristics are to be present as per

definition stated above.

 It may be oral or documentary

 It is a statement to suggest any inference to any fact in issue or relevant fact.
 It must be made by any person prescribed under the Act; and
 It must be made under the circumstance prescribed under the Act.

Admissibility of Admissions

1. “Admissions as waiver of proof:

An admission of a party is a statement of fact which dispenses or waives with the

necessity of proving the fact against him. It operates as a waiver of proof.
“Admissions are admitted because the conduct of a party to a proceeding, in respect
of the matter in dispute, whether by acts, speak or writing, which is clearly
inconsistent with the truth of his contention, is a fact relevant to the issue. An
admission, therefore as an admission is not conclusive against the person making it,
but it may operate as an estoppel under section 115 of the Evidence Act. Under the
proviso to Section 58 the court may ask some other independent evidence to support
the admitted facts. The court is not bound to give judgment in accordance with
admission.”

2. “Admissions as statement against interest:

It is natural for a man to make statement in his favour. An admission, being a

statement against the interest of the maker should be supposed to be true, for it is
 highly improbable that a person will voluntarily make false statement against his own
interest.”

3. “Admissions as evidence of contradictory statements:

Where there is contraction between the statements of the party and his case, the
contradiction is relevant. For example, A sues B upon a loan. The account book
shows that the loan was given to C. The statement in his Account Book contradicts his
case against B.”

4. “Admissions as evidence of truth:

The statements made by the party about the facts of the case, whether they may go in
his favour or against his interest, should be relevant as representation or reflecting the
truth as against him. Whatever a party says in evidence against himself may be
presumed to be so.”

Section 23 is applicable only to civil cases and gives effect to the maxim, interest
reiplicae ut sit finis litium.” It means that in the interest of the state there should be
end of litigation.

The section expressly provides that in civil cases an admission is not relevant when it
is made: (i) upon an express condition that evidence of it is not to be given. It means
that when a person admits the liability upon express condition that evidence of such
admission should not be given, or (ii) under circumstances from which the court can
infer that the litigating parties agreed together that evidence of it should not be given.
An admission will not be relevant if it is given on condition either express or implied.
It is strictly confined to the cases where there is dispute and negotiation for settlement
of dispute between parties is going on. For example, the plaintiff was injured while he
was getting down from the train when the train just started to move at the time of his
getting down.

Nothing in this section 23 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 126

Basant Singh v. Janki Singh2

2
, A.I.R. 1976 S.C. 341)
 Therefore, an admission made by a person in a plaint signed and verified by him may
be used as evidence against him in other suits. Of course, the admission cannot be
regarded as conclusive, and it is open to the party concerned to show that the
statement is not true.

4) Who can make admissions (Section 18 to Section 20) -

Persons by whom admissions must be made and whose admissions are relevant:
Sections 18, 19 and 20 lay down a list of persons who can make admissions.
Proceeding under this section may be civil or criminal.

Admission by conduct:

Admissions by conduct are not included in this section. It has been dealt with under
section 8 of this Act. But in some circumstances the conduct, active or passive,
becomes evidence for an admission. For example a woman went to the school for
registration of her child, but she did not enter the name of the father and his
profession. On asking she kept silence. Her silence may mean that she does not know
the name of the father or she is not interested to disclose it. Whatever view is taken it
may be an admission for illegitimacy of the child.3

Silence as admission:

Silence may amount to admission as if there is no reply or denial. A party may admit
the truth of the matter.

In Bessela v Stern the girl said to the boy “you always promised to marry me and you
did not keep your words.” The boy did not deny the allegation, but he offered her
some money. The boy’s silence as to promise was held to be admission.

But the general rule is that the statements are admissible against the party only
making them and not against any other person Sections 18, 19 and 20 are put together
it provide a long list of persons whose admissions also become relevant:

1. Parties to the proceeding

3
Woolway vs rowe & Mayo vs mayo
 Parties to the proceeding include not only those who appear on the record, but also
persons who are not parties on the record, and they are interested in the subject matter
of the suit. They are considered by law as real parties in interest. It is the basic
principle that all statements of the party in a suit or proceedings are relevant.

Sitaramcharya v gururajcharya (1997)4 The Supreme Court opined that even if it is

relevant due to concern pecuniary interest much weight cannot be attached to against
the co-parties.

2. Agents authorized by such parties

The agent, of course, should have expressed or implied authority to make such
statement and the statements of the agent can bind the principal only during the
continuance of the agency. But, the fact of the agency must be proved before the
admission of agent can be received.

Johnson v Lindsay (1889)5, “Communication of an agent to the principal himself are

not relevant as an admission”.

3. Persons occupying representative character

The statements made by a person who sues or issued, in a representative character is

relevant if it was made during the time when he was holding such character. “This
principle is grounded on the fact that a statement against the interest of a person
making it will not be made unless truth compelled it6

4. Persons having pecuniary or proprietary interests [Section 18(1)]

Under section 18(1) the statements of persons who, though not parties to the
proceeding, have a pecuniary or proprietary interest in the subject matter, is relevant

provided the statement is made by him in the character of a person jointly interested .
In a suit for declaration of title, the statement of the suitor’s father that the defendant
was in possession is admitted. Admission regarding partition of the joint family

4
2 S.C.C 548
5
35 J.P 599
6
Williiams vs K.B
 property7 made by one of the beneficiaries to the property is admissible in proof of
partition assented subsequently.

5. Persons from whom the parties derived interest [Section 18(2)]

The statements of person from whom the parties to the suit derive their interest in the
subject matter of the suit are admissible. “It has to be shown that such statements were
made during the continuance of their interest in the subject matter of the suit.

6. Persons whose position is in issue or is relevant to the issue (Section 19).

The party to the proceeding can use the statement of the third party, if the statement of
the third party contained in the admissions goes against him in connection with the
matter involving the position or liability affected by that admission.

7. Persons expressly referred to by the party to the suit (Section 20).

The statements made by a third person are also admissible and the rule is another
exception to the general rule.  The principle is that a party makes a reference to a third
person for ‘information,’ any statement by that person about the subject matter of the
reference is admissible against the party making the reference.

5) Nature & Forms of Admission:

The statements made by parties during judicial proceeding are 'self regarding
statements'. The self regarding statements may be classified under two heads -

i) Self-serving statements; and

ii) Self-harming statements.

i) Self-serving Statements - Self-serving statements are those, which serve, promote

or advance the interest of the person making it. Hence they are not allowed to be
proved. They enable to create evidence for themselves.

7
Raj kumar v official receiver 1996
 ii) Self-harming - Self-harming statements are those which harm or prejudice or
injure the interest of the person making it. These self-harming statements all
technically known as “Admissions" and are allowed to be proved.

There as two types of admissions viz., (1) Judicial, and (2) Extra-judicial
Admissions.

1. Judicial Admission:

The judicial or formal admission is addressed to the court and is the part of the
proceeding. It is made on the record in the file of the court. The judicial admission
may be made by the party in his pleading, or by stipulation, or by statement in open
court. Admission in pleadings or judicial admissions by themselves can be made the
foundation of the rights of the parties.

A judicial admission has not been dealt with by the Evidence Act, They are subject
matters of the Civil Procedure Code and the Code of Criminal Procedure. The
procedures have been laid down in civil suits in Order 12, Rule 2; Order 8, Rules 3,4
and 5; Order 10, Rule 1; Order 11, Rule 8; Order 12, Rule 4 and Order 14, Rule 3 of
the Civil Procedure Code. In Code of Criminal Procedure there are provisions, viz.
Sections 143, 251(5), 255(2), 263(g) and 271.

Although the judicial admission has not been dealt with under the Act the Supreme
Court has given due weight age. In Bishwanath Prasad v Dwarka Prasad the court
opined that “admissions, if true and clear, are by far the best proof of the fact
admitted.” Admissions as defined in Sections 17 and 20 and fulfilling requirements of
Section 21 are substantive evidence, propio vigare.

2. Extra-judicial Admissions:

The extra-judicial or informal admission is statement of fact made by the party

previously in course of life or business which is inconsistent with the facts to be
established at the trial. The extrajudicial admissions are called evidential admissions.
The Evidence Act only deals with this sort of admission in Sections 17 to 23.
 Ajodhya Prasad м. Bhawani Shanker8

Extra-judicial admissions are also binding on the party against whom they are set up.
Unlike judicial admissions, they are binding only partially and not fully, except in
cases where they operate as or have the effect of estoppel, in which case, they are
fully binding, and may constitute the foundation of the rights of the parties,

6). Proof of admission against persons making them, and by or on

their behalf (Section 21)

Admissions are relevant and may be proved as against the person who makes them, or
his representative in interest; but they can not 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
the third person 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 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 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 statement, because
they would be admissible between third parties, if he were dead under Section 32,
Clause (2).

8
A.I.R. 1957 All. 1 F.B.)
 B.A Ramaiah V. State of A.P.19979.

In this case, Supreme Court held that the statement in FIR furnished by one of the
accused cannot be used against another accused unless its makers offered himself as a
witness in the trial. It has very limited use of it as evidence under Section 21 of the
Act against its maker alone unless the admission does not amount confession.

9) When oral admission as to contents of documents are relevant

(Section 22)
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.

When oral admissions as to contents of electronic records are relevant Section 22A)

When oral admissions as to contents of electronic records are relevant.—Oral

admissions as to the contents of electronic records are not relevant, unless the
genuineness of the electronic record produced is in question. 10

10) CONCLUSION
9
SC496
10
[Inserted by the Information Technology Act, 2000, w.e.f. 17-10-2000.]
An admission is the best evidence against the party making the same unless it is
untrue and made under the circumstances, which does not make it binding on him.
Admission by a party is substantive evidence of the facts admitted by him.

Admissions duly proved are admissible evidence irrespective of whether the party
making the admission appeared in the Witness box or not. In fact, Admission is best
substantive evidence that an opposite party can rely upon it. The evidentiary value of
admission only by government is merely relevant and not conclusive, unless the Party
to whom they are made has acted upon and thus altered his detriment.