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‘Admission ’
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(..5..)
Admission
(Ss.17 to 23 & 31)
QUESTION BANK
1.
2.
Discuss the Law, relating to ‘Admission’ and discuss in detail the Law
relating to Proof of Admission.
Discuss the Law, relating to ‘Admission’. How they are proved?
SYNOPSIS
I.
Admission Defined (S.17): -
II.
III.
Persons making Admission (S.18 to 20): -
Other requirements of Admission: -
1) Proof of admission: -
i) When it would be relevant under S.32.
ii) A statement of Admission regarding the state of mind or body.
iii) Statement of Admissions when it is otherwise relevant: -
2) When oral Admissions as to contents of documents are relevant (S.22): -
3) Admissions in Civil Cases when relevant (S.23): -
IV. Admissions how proved / Effect of Admissions: -
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1.
Admissions not conclusive proof, but may estop (S.31): -
i.
Admissions are not conclusive proof of the matter
admitted.
ii.
iii.
iv.
Admissions are conclusive proof of the matter admitted when
they operate as estoppel under S.115 of the Evidence Act.
2.
3.
Fact admitted need not be proved (S.58)
Proof as to extra Judicial Admission: -
IV. Difference between ‘Admissions’ and ‘Estoppel’
1.
2.
3.
4.
Nature
Evidentiary Value: -
by a third person: -
Provisions: -
I.
Admission Defined (S.17): -
An ‘Admission’ is a statement –
(i)
oral, or
(ii)
documentary, or
(iii) contained in electronic form
Which suggests any inference as to-
(i)
any fact in issue or relevant fact, and
(ii)
which is made by any of the persons, and
(iii) under the circumstances hereinafter mentioned.
In other words, 'Admission' is a statement of fact that waives or dispenses
with the production of evidence by conceding that the fact asserted by the opponent
is true. Admission may also be understood as self-harming statements that harm,
prejudice, or injure the interest of the person who makes them. Admission is the
statement against self-interest, i.e., the maker's interest..
For example, if ‘A’ sues 'B' for recovery of a loan of Rs.10,000/- which B
owes to A, If B files his personal diary in this suit, which shows the specific day,
date, and time B has taken a loan from A, it is an admission from B of his liability.
Similarly, if a person is charged with murder by poisoning, if he admits to
purchasing poison from a particular shop, it is an Admission of the accused.
II.
Persons making Admission (S. 18 to 20): -
As per S. 18 to 20, statements made by the following persons are
Admissions. Party to the proceeding (S.18).
1.
2.
An agent authorised by such party (S.18)
Party’s representatives (i.e. party suing or sued in a representative
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character making an admission) (S.18)
3.
Persons jointly interested in the subject matter of the proceeding (i.e.
a person who has any proprietary or pecuniary interest in the subject
matter of the proceedings) (S.18)
4.
5.
Persons from whom the parties to the suit have desired their interest
or title to the subject matter of the suit. (S.18)
A person whose liability it is necessary to prove as against any party
to a suit if such statement would be relevant as against such person in
relation to such position or liability brought by or against him. (S.19);
and
Illustrations
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.
6.
A person to whom a party to the suit has expressly referred for
information in reference to the matter in dispute (S.20)
Illustrations
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.
III. Other requirements of Admission: -
1. Proof of admission: -
Admissions are relevant and may be proved against the person who makes
them or his representative in interest except in the following cases.
(i) When it would be relevant under S.32.-
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
1 SECTION 32.-Cases in which a statement of relevant fact by a person who is dead or cannot be found etc.,
is relevant.-Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be
found, or who has become incapable of giving evidence, or whose attendance cannot be procured without
an amount of delay or expense which, under the circumstances of the case, appears to the court
unreasonable, are themselves relevant facts in the following cases:-
(1) When it relates to cause of death.-When the statement is made by A person as to the cause of
his death or as to any of the circumstances of the transaction which resulted in his death, in cases in which
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(ii) A statement of Admission regarding the state of mind or body.
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.
(iii) Statement of Admissions when it is otherwise relevant: -
An admission may be proved by or on behalf of the person making it if it is
relevant other 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, and B that it is forged.
the cause of that person's death comes into question.
Such statements are relevant whether the person who made them was made them was or was not,
at the time when they were made, under the expectation of death, and whatever may be the nature of the
proceeding in which the cause of his death comes into question.
(2) Or is made in course of business.-When the statement was made by such person in the ordinary
course of business, and in particular when consists of any entry or memorandum made by him in books
kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgment
written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document
used in commerce written or signed by him, or of the date of a letter or other document usually dated,
written or signed by him.
(3) Or against the interest of the maker.- When the statement is against the pecuniary or proprietary
interest of the person making it or when, if true, it would expose him or would have exposed him to criminal
prosecution or to a suit for damages.
(4) Or gives an opinion as to public right or custom, or matters of general interest.- When the
statement gives the opinion of any such person, as to the existence of any public right or custom or matter
of public or general interest, of the existence of which, if it existed, he would have been likely to be aware,
and when such statement was made before any controversy as to such right, custom or matter had arisen.
(5) Or relates to the existence of relationship.-When the statement relates to the existence of any
relationship by blood, marriage, or adoption between persons as to whose relationship by blood, marriage,
or adoption the person making the statement had special means of knowledge, and when the statement was
made before the question in dispute was raised.
(6) Or is made in will or deed relating to family affairs.- When the statement relates to the existence
of any relationship by blood, marriage, or adoption between persons deceased, and is made in any will or
deed relating to the affairs of the family to which any such deceased person belonged, or in any family
pedigree, or upon any tombstone, family portrait or other things on which such statements are usually made,
and when such statement was made before the question in dispute was raised.
(7) Or in the document relating to transaction mentioned in Section 13, clause (a).-When the
statement is contained in any deed, will, or other documents which relate to any such transaction as is
mentioned in Section ] 3, clause (a).
(8) Or is made by several persons and expresses feelings relevant to a matter in question.-When the
statement was made by a number of persons and expressed feelings or impressions on their part, relevant
to the matter in question
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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 postmark of that day.
The statement on 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 a 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 that person
did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding
illustration.
Illustrations (b) and (c) are relevant as to exception (i), whereas, Illustrations
(d) and (e) are relevant being exceptions to (ii) and (iii).
2).
When oral Admissions as to the contents of documents are
relevant (S.22): -
Oral Admissions as to the contents of a document are not relevant unless and
until –
(i)
The party proposing to prove them shows that he is entitled to give
secondary evidence of the contents of such documents or
the genuineness of a document produced is in question.
(ii)
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The general rule is that the contents of the documents are provable by
the production of the document itself, except where the secondary
evidence is admissible. Similarly, this section lays down that oral
Admissions cannot prove the contents of the document unless the
party proposing to prove them shows –
(i)
that he is entitled to give secondary evidence of the contents;
(ii)
or
(iii)
that the genuineness of the document itself is in question.
Oral Admissions as to the contents of electronic records are not relevant
unless the genuineness of the electronic record produced is in question (S.22 A)
3).
Admissions in Civil Cases when relevant (S.23): -
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.
(i)
(ii)
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 S.126.
IV. Admissions How proved / Effect of Admissions : -
1.
Admissions not conclusive proof, but may estop (S.31): -
Admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels under the provisions hereinafter contained.
S.31 lays down two propositions -
(i) Admissions are not conclusive proof of the matter admitted.
It is open for the party making admission to go back upon his admission and
say that it is not conclusive proof of the matter admitted. Moreover, the party who
made the admission is at liberty to dispute the genuineness of the admission by
pleading that it was obtained from him using fraud, coercion, undue influence, or
intimation. For example, a declaration by the University of the passing of a student
is an admission on the part of the University that the student has passed. However,
the admission statement is not binding on the University to prevent it from saying
that the declaration was made by mistake.
(ii) Admissions are conclusive proof of the matter admitted when they
operate as estoppel under S.115 of the Evidence Act.
Where a statement of admission made by a party causes a belief in another's
mind that a certain thing is true and induces that another person to act upon that
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belief and to suffer a detriment, the person who made the statement of admission
is estopped from denying the truth of that thing.
In the above case, if after the declaration of the student's passing in degree,
the student is admitted post-graduation, If, after some time, the University revises
its earlier declaration and says that the declaration of the passing of a student is
mistaken and the student cannot continue his post-graduation, the university cannot
do so because the statement of admission on the part of the University operates as
estoppel against the University under S.115 of the Evidence Act, and the
declaration is considered conclusive proof.
2.
Fact admitted need not be proved (S.58).
No fact need 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.
In its declaration, the Court may require the facts admitted to be proved
otherwise than by such Admission.
This section conveys the principle that what is admitted need not be proved.
In other words, evidence is to be given to prove the facts which are disputed. The
facts which are admitted by the other party are no longer an issue and, therefore,
need not be proved.
Admissions are of two kinds, viz. -
1) Formal Admissions (Judicial Admissions) and
2) Informal Admissions (Extra-Judicial Admissions)
Informal or extrajudicial Admissions are those made by the parties outside
the course of judicial proceedings (i.e., not before the Court) and are discussed in
S.17. S.31 provides that they are not conclusive unless they operate as an estoppel.
This section is concerned with formal or judicial Admissions, i.e., Admissions
before the trial, at or before the hearing.
E.g. the Wife institutes a suit for maintenance under S.125 of the Civil
Procedure Code. The wife alleges in her complaint that they married four years
ago and they have one child, but the husband was beating her; therefore, she could
not cohabit with him. Husband is earning Rs.5,000/- per month. If the husband, in
his written statement, admits that what the wife says is true, but he was not beating
him. Here, their marriage, having one child, and his payment of Rs.5,000 are
admitted facts and need not be proved by the wife.
S.58 classifies judicial Admissions, which are conclusive, and waiver of
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proof, viz. –
i.
ii.
Facts which parties or their agents agree to admit at a hearing.
Facts which, before the hearing, they agree to admit in writing, and
Facts which they have deemed to have been admitted by rules of
iii.
pleadings.
Order VIII rule 5 of the Civil Procedure Code provides that every allegation
of fact in the plaint, if not denied specifically or by necessary implication,
should be taken to be admitted except as against persons under disability.
3.
Proof as to Extra-Judicial Admission: -
Admissions, whether oral, in writing, or by conduct, made out of Court
(envisaged under S. 17) must be proved like any other fact by other relevant
evidence, oral (under S.59 to 60) or documentary (Ss. 61 to 65), as the case may
be. This is because extra-judicial acts are not conclusive and do not operate as a
waiver of proof.
IV. Difference between ‘Admissions’ and ‘Estoppel’
1) Nature: -
Admission is a written or verbal statement that gives inference to rights and
liability of the parties, i.e., a fact in issue.
Estoppel is a rule of evidence that prevents a person from retracting his
earlier representation..
2.
Evidentiary Value: -
Admissions are not conclusive evidence; they can be rebutted by positive
proof. It is the weakest kind of evidence.
Estoppel is conclusive. It is decisive evidence of high-quality.
3.
By third person: -
In some circumstances, the admission of a third person binds the parties to
the suit.
Estoppel operates only against the person making the representation and his
legal representatives.
4. Provisions: -
The rules regarding admission are laid down u/s.17 to 23 and S.31 of the
Evidence Act.
The rules regarding estoppel are laid down u/s.115 of the Evidence Act.
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