Admission: Section 17 To 31

ADMISSION
Section 17 to 31
Definition of Admission
• Section 17 of The Indian Evidence Act, 1872:
“An admission is a statement, oral or documentary or contained in electronic form,
which suggests any inference as to any fact in issue or relevant fact, an and which is
made by any of the persons, and under the circumstances hereinafter mentioned.”
Points taken out from the definition

Examples:
a) A person accused of murder had sustained injuries. He explained to a doctor the cause
of injuries except accepting the guilt. His explanation or statements would be an
admission.
b) A person is charged with causing death by poisoning and he admits to have purchased
poison but denied for murder. His statement is an admission.
• Reasons for admissibility of admission
i. Admission as waiver of proof
ii. Statement against the interest of maker
iii. Evidence of truth
• Classification of admission
i. Formal or Judicial admission
ii. Informal or extrajudicial admission
• Example of judicial admission
• In CPC: O XII Rule 2, O VIII Rule 3.4.5., O X R 1, O XI R 8, O XII R 4, O XIV R 3
• In CrPC: Sections- 255(2), 243, 263(g), 271
• Admission an exception to hearsay rule
• Difference between Admission and Confession
• Similarities between Admission and Confession
• Admission by a person under the age of 18 years/7 years
• Admission not made voluntarily
• Admission by guardian or next friend
• Admission by lunatic
• Admission by conduct or silence
• Person whose admission are relevant

• Party to the suit or proceeding
• An agent authorized by such party
• Representatives
• Person having pecuniary interest
• Person who is the source of interest derived
• Opposite position of a person
• Referred person
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 persons 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
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 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
Illustrations
(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 the 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 the 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. 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. 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.]
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.
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 126.
• S. 58 Facts admitted need not be proved- No fact need to be proved in any
proceeding which the parties thereto or their agents agree to admit at the hearing, or
which, before the hearing, they agree to admit by any writing under their hands, or
which by any rule of pleading in force at the time they are deemed to have admitted
by their pleadings: Provided that the Court may, in its discretion, require the facts
admitted to be proved otherwise than by such admissions.
• Mehnga Singh And Ors. vs Gurdial Singh And Ors. (AIR 2004 P H 93) Perusal of
Section 58 of the Indian Evidence Act reveals that admitted facts need not be proved.
It is in the discretion of the Court to require a person to prove the admitted facts
otherwise than by admission. Such proof of admitted facts is required only in case
plea of fraud or coercion or of undue influence taken or there exits any other
sufficient cause to call upon plaintiff to prove the admitted facts even. Those
sufficient causes are not existing in the case before me particularly when no plea of
fraud or of undue influence taken.
Use and evidentiary value of admission:
• S. 31. Admissions not conclusive proof, but may estop- Admissions are not conclusive
proof of the matters admitted, but they may operate as estoppels under the provisions
hereinafter contained.
• Basant Singh v. Janki Singh, (AIR 1967 SC 341)
An admission is not a conclusive as to the truth of a matter stated therein. It is only a piece
of evidence, the weight to be attached to which must depend on the circumstances under
which it is made. It can be shown to be erroneous or untrue, so long as the person to whom
it was made has not acted upon it to his detriment, when it might become conclusive by way
of estoppel. It must be shown that there is a clear and unambiguous statement by the
opponent. Section 17 of the Indian Evidence Act does not seem to be making any distinction
between an admission made by a party in a pleading and
other admissions and admission made by a party in a plaint signed and verified by him.
However, such an admission cannot be regarded as a conclusive in the other suit and it is
open to a party to show that it is not true.
• Admissions must be clear if they are to be used against the person making them. They are
substantive evidence by themselves in view of Sees.17 and 21 of the Evidence Act,
though they are not conclusive proof of the matter admitted. The admissions duly proved
are admissible evidence irrespective of whether the party making them appeared in the
witness box or not and whether such party when appearing as witness was confronted
with those statements in case it made a statement contrary to those admissions. The
purpose of contradicting the witness under Section 145 of the Evidence Act is quite
different from the purpose of proving the admission. Admission is substantive evidence of
the fact admitted while a previous statement used to contradict a witness does not become
substantive evidence and only serves the purpose of throwing doubt on the veracity of the
witness. Weight to be attached to an admission made by a party is a matter different from
its use as admissible evidence.
• B. Mallamma And Ors. Vs. V.T.V. Ranga Chary 1997 Andhra Pradesh High Court
• "A certified copy of the deposition of a witness in a Criminal Court cannot be used as
substantive evidence i.e., as an admission in a Civil Suit."

Admission: Section 17 To 31

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ADMISSION

Points taken out from the definition

• Person whose admission are relevant

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