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Admission: Reasons For Admissibility of Admission

The document discusses admissions as evidence in court cases. It defines what constitutes an admission, the reasons admissions are allowed as evidence, and the types of people whose admissions may be relevant in a case.

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Riya Agarwal
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44 views2 pages

Admission: Reasons For Admissibility of Admission

The document discusses admissions as evidence in court cases. It defines what constitutes an admission, the reasons admissions are allowed as evidence, and the types of people whose admissions may be relevant in a case.

Uploaded by

Riya Agarwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Admission

Section 17 Definition of Admission

Section 18-20 enumerate various categories of persons whose admissions will be relevant .

Section 21 gives three exceptions to the general rule that admissions must be proved against the
maker and not for his benefit .

Section 22 gives instances where oral admissions as to contents of documents can be relevant .

Section 23 provides that the evidence of admission will not be relevant if it is made upon an express
condition that its evidence shall not be given or is made under circumstances from which such
agreement can be inferred.

Section 17 : Admission
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, and which is made by any of the persons, and
under the circumstances, hereinafter mentioned.

Reasons for admissibility of admission

Generally, an admission means voluntary acknowledgment of the existence or truth of a particular


fact, but in the Evidence Act, the term has not been used in the wider sense. It deals with the
admissions by statements only oral or written or contained in an electronic form. Silence is also an
admission by conduct provided that, if it is natural to except a reply or denial.

(i) Admissions a waiver of proof:—

Every fact has to prove which is fact-in-issue or relevant fact by the parties. But, a party has admitted
a fact, it dispenses with the necessity of proving that fact against him. It operates as waiver of proof.
But it cannot be regarded conclusive. The Court may, in its discretion, requires the facts admitted to
be proved otherwise than by such admission. However admission constitute a weak kind of
evidence, and the Court may reject an admission wholly or partly or requires any further proof.
Waiver of proof, thus, cannot be an exclusive reason for the relevancy of an admission.

ii) Admission as statement against interest:—

Admission means ‘conceding something against’ the person making the admission. This is a general
rule (exceptions are in section 21) that admission should be self-harming. It is highly improbable that
a person will voluntarily make a false statement against his own interest. However, section 17 does
not require that a statement should be a self-harming statement, the definition also include self-
serving statement.

(iii) Admission as evidence of contradictory statements:—

Another reasons that party accounts for the relevancy of an admission is that there is a contradiction
between the party’s statement and his case. This kind of contradiction discredits his case. However,
a party can prove all his opponent’s statements about the facts of the case and it is not necessary
that they should be inconsistent with his case.

(iv) Admissions as evidence of truth:—


The most widely accepted reason that accounts for relevancy of admission is that whatever
statements a party makes about the fact of case, whether they be for or against his interest, should
be relevant as representation or reflecting the truth against him. Whatever a party says in evidence
against himself……. what a party himself admits to be true may be presumed to be so.

Following are the requisites of an admission:


(i) it must be a statement(s) oral or documentary;

(ii) the statement must suggest any inference as to any fact in issue or relevant fact;

(iii) it must be made by any of the following persons as mentioned in sections 18 to 20:

Parties who can make the admission


(a) Party to the proceeding. (section 18).

(b) Agent authorised by such party,(section 18).

(c) Party’s representatives, i.e., party suing or sued in a representative character making an
admission.

(d) Person jointly interested in the subject-matter of the proceedings, i.e., person who has any
proprietary or pecuniary interest in the subject-matter of the proceedings.

e) Persons from whom the parties to the suit have derived their interest or title to the subject-
matter of the suit.

(f) Person whose position or liability is necessary to prove against a party to a suit. This is case of
admission by strangers to the suit if they occupy such a position or are subject to such a liability.

(g) Referee, i.e., person to whom a party to the suit has expressly referred for information or
opinion.3 This is also a case of admission by a stranger

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