Admission in general sence acknowledgement of a fact by making a statement of existence and non existence of that fact.
It is related to evidentiary or extra judicial admission which are made with any Court proceeding.
Such statement will amount to an admission only if they are made in reference to fact in issue or relevant fact.
And if it suggest on reference regarding that fact in issue or relevant fact.
Thus in order to admission for evidence act. The statement per se will not be sufficient.
Rather there has to be suit or proceeding in which there is fact in issue or relevant fact , thus it can be said that concept of admission is a subject concept.
Section 15 of BSA and 17 of Evidence Act
This section is not exhaustive definition of admission it has to be read with section 16,17, 18,(BSA).
In order to define the admission where in it is specified in admission statement should have been made by some person in same specified circumstances.
Section 17 Evidence Act
Admission means any statement which may be in oral form documentary form or electronic form.
Suggest an inference (Showing existence or non existence of fact in issue or relevant fact) subject matter.
Not every statement is relevant, only that statement is relevant which showing connection with existing or non existence with fact in issue or relevant fact.
Made by person which are referred by section 18 to 20 i.e who can make this statement.(Circumstances).
Type of Admission
Judicial admission (section 17-23 )and extra judicial admission(section 58).
What is Judicial admission in evidence act?
Statement made before the court of law, where a person made statement in any suit of proceeding before the court.(pleading, suit or oral).
Judicial admission – admission which is made in pleading that is written statement replication (addition statement) etc. any pleading either oral or written any admission done before the court or any judicial document etc are judicial admission.
Extra Judicial Admission
Statement made outside the Court of law in ordinary course of life( normal day to day life if the person makes statement related to the case).
Admission may not for the purpose of court proceeding rather admitted generally (out of the court) done in ordinary course of life which may or may not be recorded are extra judicial admission.
Is extra Judicial admission is relevant in Court?
If extra judicial admission is dually proved in court then it may also become relevant.
Who can make admission?
It is introduced in section 18 to 20 of Evidence act and their statement is relevant.
Section 18 of Evidence Act Can make admission?
- party to case (plaintiff -defendant or accused-victim ).
- authorised agent (by the parties).
- party in representative character (Karta, administrator, receiver etc holding representative characters).
- person interest in subject matter.( Pecuniary, proprietary)
- person from Whome interest is derived.
Section 19 Evidence Act
Person whose position must be proved against to suit.
Example: A collect rent for B. B sue that a has fail to collect rent from C.
In the above example here the liability of A depend on C.
Suppose B is very rich and he appointed A’s as agent. Here A’s work is to collect rent from building of B.
B has not collected rent from C, here B sue A because of it.
The C position must be proved against party to the suit because here C statement is important in order to decide the liability of A.
So here C position is important as C statement decide the liability of A.
C can make admission though who is not a party to suit.
Section 20 evidence act
Persons expressly referred by party to suit.
Example: Suit between A and B the question about horse’s sound or not?
Here in this suit A says to B go and ask C, C knows all about it. C’s statement is an admission in this suit between A and B.
As per section 20 because it is expressly referred by the party to suit
Rule of privity in Evidence Act
Statement made by party to the preceding or by agent to any such party (authorised by him) are admission this is exception of rule of privity.(not the part of party can not enforce or liable as per contract)
Section 18 ,19 ,20 are exception to the rule of privity.
Relevancy of admission Section 21 evidence act
Admission in General have been declared to be relevant but at the same time it is also declared that if the admission is of self harming nature.
I.e it goes against party who made the admission then it is admissable and shall be allowed to be proof.
On the other hand if the admission which one of self serving nature that is those admission can be proved in favour of party making them are in admission not be allowed to proved.
However there are certain self serving admission also regarding which it is clearly declare under section 21, that they are admissable and can be proved.
Exceptions section 21 evidence act self serving admission.
General rule– self harming statements are admissable.
Exception- situation when self serving statement will be relevant.
- if a person who are dead then such statement would have been relevant under Section 32(dying declaration) of Evidence Act.
- if he survive then exception as per 21 of evidence act is admission.
- statement about existence of mind and body. (actual existence and conduct).
- when statement is relevant otherwise then as admission. (fall in sections of Evidence Act).
Section 22 Evidence Act When oral admission as to content of documents are relevant
This section 22 of Evidence Act talk about when oral admission as to contents of document are relevant.(what written in document).
Section 22 provides that oral admission as two content of document are not relevant.
However they are only relevant in 2 cases that is when the party proposing to give them is able to prove-
- he is entitled to give secondary evidence of contents of document or
- when genuineness of document is in question.
Oral admission to contents of electronic record when relevant section 22A Evidence Act
Oral admission as to contents electronic records are relevant only when the genuineness of electronic record produce is in question.
Section 23 Admission in civil cases when relevant Evidence Act
This Section 23 of Evidence Act provides that admission in civil cases is not relevant if-
- it is made upon an Express condition that evidence of it is not to be given(between parties).
- made under circumstances that parties agreed (agreement) that evidence of it is not to be given.
In which case Section 23 of evidence act applicable?
Section 23 of Evidence Act applicable in civil case only.
Evidentiary value of admission Evidence Act
Section 31 and 58 of Evidence Act deal with evidentiary value of admission.
Admission in civil cases were relevant Section 23 of Evidence Act
Admission or not conclusive pro but they operate as estoppel.
Not conclusive – if a person make a statement other party may denied, disprove or contradict and can make another statement or present other fact in court.
Operate as estoppel- if a person make a statement and other party change its position then the first party who has make the statement have to stay on their statement.
Facts admitted need not be proved section 58 Evidence Act
This section 58 talk about facts admitted need not be proved means-
Once fact(oral, pleading etc) admitted(accepted) in court then other party need not be proved.
Admission acts as waiver of proof.
Which section of Evidence Act talking about admission waiver of proof?
Section 58 talk about admission acts as waiver of proof.
This section 58 of Evidence Act talking admission, about judicial admission not extra judicial admission
Admission are substantive piece of evidence if it is dually proved.
Reference: United university Prayagraj