Evidence Act- Admission (Section 17-23)

Admission

Introduction

 

Admission is discussed under section 17 to 31. This is one of the most important idea in evidence act.

What does it mean? Who can make the admission? What would be the consequences of admission? This questions are dealt from section 17 to 31.

 

Section 17-Admission

 

Admission is a statement. It could be in a different form

·        Oral

·        Documentary

·        Electronic

And such statement gives inference to relevant fact or fact in issues.

Who can make admission is discussed in section 18. In what condition admission can be made is also discussed in coming sections.

Admission is generally used in civil cases.

Admission must be clear and unambiguous. The admission is admissible because of the following reason

1)   It’s a waiver of proof- It saves time of court, as party don’t have to prove the things which are admitted.

2)   Statement against interest- It’s against the interest of person who makes it. However 17 don’t state anywhere that admission should be against the interest.

3)   Evidence of contradictory statement

4)   Evidence of truth- Admission is act as truth.

Admission is substantive piece of evidence.

Section 31 states that admission is not conclusive proof, but it can act as estoppel.

Admission is in a sense exception to rule of hearsay evidence

 

 

There are different kinds of admission

1)   Judicial Admission- Also known as formal admission. Any admission made during judicial proceedings is judicial admission. In one of the case Nagindas Ramdas Vs Dalpatram Icharam, court held that judicial admissions are binding on party.

2)   Informal/ Casual admission- Admission made to any person like normal conduct.

In Mayo Vs Mayo, Mother went to do birth registration of her children. While registering she deliberately skipped the name of the father of children. Court later held that registration is admission of adultery.

Can silence be an admission of something? Yes if there is duty to speak upon you and you don’t speak then it would amount to an admission.

Section 18- Admission by a party to proceedings or his agent

 

It provides the list whose admission can be relevant

1)   Parties to suits

2)   Agents of the parties

3)   By a person who acts as in representative character.

4)   Statement by third parties has pecuniary or proprietary interest.

5)   When parties derive interest from third person, then that third person can also make an admission

 

In one of the case it was held that admission in previous proceedings can become relevant in any subsequent proceedings

When there are multiple parties, say 2 appellants and 2 defendants, and one of the defendant give admission, can it be hold against another defendant. Court held that admission is best evidence only against maker party.

Who is agent? Agent definition is not given in act and it had to be inferred from judicial decision.

Section 19- Admission by persons whose position must be proved as against party to suit.

 

This section have difficult language but illustration makes life easy for us. A agree to collect rent for B who lives in US. The house is given on rent to C.

Now A has to collect the rent from C. But he doesn’t collect it. B files a suit against A for not collecting rent. A says no rent is due. But if C says rent is due, then his statement can be admitted.  Here suit is between A and B but C can also give admission as to dispute.

 

Section 20- Admission by persons expressly referred to by party to suit

 

If B is selling a car, and prospective purchaser A asks, is Car in good condition? B says “Go and ask Car24 agent”. In this case if dispute arises later, then statement of Car24 agent will be admissible as he was expressly referred by the parties.

 

Section 21- Admission in favour

 

General rule of admission is admission is made against the interest of the person who makes it. Can you make an admission in your favour? Imagine if admission is admitted in own favour. Everybody would start  making an admission in his or her favour. Precisely for this reason, admission in our own favour is not admissible.

However as always there are exceptions to this rule too. These exceptions are as below

1)   In case of dying declaration under section 32, admission can be admitted in favour of maker

2)   If statement is related to state of mind or body, and which is relevant then such a statement would be admissible even if it is made in favour. For example A gets an injury. At the time his statement whether is injury is caused by some other person or it is caused by accident would be admissible. Because his statement was during particular state of body.

3)   If any statement is given, and it’s relevant under some provision of this act and if such statement given as admission then it will be admissible too.

Section 22-Oral admission as to content of document

 

This section states that content of the document cannot be proved by oral admission. However if party is entitle under section 63 to furnish secondary evidence, then such oral admission can be given

Section 22-Oral admission as to content of electronic record

 

This section is similar to section 22. Only difference here is instead of document, content is of electronic record under this section

Section 23-Admission in civil cases, when relevant

 

Section 23 states that if parties have agreed earlier that whatever communications they make during say arbitration proceeding, such information will not be admissible, then such information and facts will not be admissible.