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Basic Requirements Of Admission Under Law Of Evidence

Admission is a statement that can be either in oral, documentary or in electronic form which reflects the guilt of the party or which concedes to the fact that the evidence provided by the opposite party is accurate.

The expression 'Admission' means "Voluntarily acknowledgment of the existence or truth of a particular fact". But In the Evidence Act, the term 'Admission' has not been used in this wider sense. It deals with admissions by statements only oral or written or contained in an electronic form. Admission plays a very important role in judicial proceedings. If one party to the suit or any other proceeding proves that the other party has admitted his case, the work of court becomes easier. Admission must be clear, precise, and not vague or ambiguous.

The term ‘admission’ is defined in Section 17 of the Indian Evidence Act, 1872. According to 17 of Indian Evidence Act, "An admission is a statement, oral or documentary or [contained in electronic form (Amendment w.e.f. 17/10/2000)] 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."

Requirements For Admissibility of Admissions

1. Admission must relate to the subject matter.

2. Admission must always be in the nature of the self-harming form/statement.

3. Admission must be made by persons and in the circumstances mentioned under Section 18 to 20 of the Indian Evidence Act.

Section 18 and 19 refer to the persons by whom an admission can be made. Section 18 lays down five classes of people who can make an admission -

1) Party to the proceedings

2) An agent authorized by such party

3) The party suing or sued in a representative character making admissions while holding such a character

4) The person who has any proprietary or pecuniary interest in the subject matter of the proceeding during the continuance of such interest.

5) The person from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest.

Section 19 of the Act refers to the statements against his own interest by a third person when it affects his position or liability and when that position or liability has to be proved as against a party to the suit and is relevant against the party. However ordinary statements made by strangers to a proceeding would not amount to an admission. This principle forms a general exception to the rules of statements made by third parties that hold no relevance in a proceeding. If the liability of a person depends upon the liability of a stranger to the suit, then an admission by a stranger with respect to his liability amounts to an admission.

Section 20 brings forth another exception to the general principle of admissions made by strangers to the suit. Admissions made by a third party are considered relevant when a party referred another to him for information in regard to uncertain or disrupted manner.

Proof of admission against persons making them, and by or on their behalf (Section 21)

Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not 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 the third person 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.

Admission to Prove Document

When Oral Admissions As To Contents Of Documents Are Relevant: Section 22

The document must be proved by the document itself. But when the document is not available, then secondary evidence may be given for it under section 65.

Section 59 says all facts except the contents of documents or electronic records may be proved by oral evidence.

Section 63(5) says oral accounts of the contents of documents given by some person who has himself seen it.

Oral Admission of Electronic Record

When Oral Admissions As To Contents Of Electronic Records Are Relevant: Section 22A

Inserted by IT Act 2000. When the genuineness of electronic records produced is in question, then only oral admissions as to the contents of electronic records are relevant.

Admission in Civil Cases

Admission In Civil Cases, When Relevant: Section 23

Where there is an agreement to the fact either express or implied that evidence of admission will not be given, then it will not be produced/adduced before the court. It is just to encourage the parties to settle their matter of dispute with full freedom where they can diverse the things.

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