Section 17 to 31 of the Indian Evidence Act deals with the provision of Admissions and Confessions.The provisions of Section 17 to 31 of the said Act deals with Admission. Admission plays a very important role in Judicial Proceedings. It plays very important role in Judicial proceeding. Admission must be clear, precious not vague or ambiguous. 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.
Meaning of Admission
Admission is a Statement of Fact, oral or written, which wives or dispense with the production of evidence by conceding that fact asserted by the opponent is true. Admission is the best substantive evidence that an opposite party can rely upon.
Definition of Admission :
According to Section 17 of the Indian Evidence Act, 1872 "An admission is a statement, oral or documentary 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".
Elements :
To constitute admission following elements must be present.
A) A statement oral or written
B) It is a Statement to suggest any inference as to any fact in issue or relevant fact.
C) Admission will be relevant only if it is made by any of the person specified in the said Act
D) Admission is relevant only in the circumstances mentioned in the Act.
Example :
Sam undertakes to collect rents For John. Sam was asked to collect rent from Tom. but Sam did not collect , saying that no rent was due from Tom to Sam. John sues Sam for not collecting the rent . If Tom makes statement that he owed John rent, it is an admission.
Person Who can make Admission
Sections 18 to 20 of the Act lays down the provisions relating to persons to make admissions
An admission is relevant if it is made by
i) A party to the proceeding (Civil or Criminal);
ii) An agent authorized by such party;
iii) A Party suing or being sued in a representative character making admission while holding such character,
iv) A person who has a proprietary interest in the subject matter of the suit during the continuance of such interest
v) A persons from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest,
vi) A person whose position is it necessary to prove in a suit, if such statements would be relevant in a suit brought by or against himself,
vii) A person to whom a party to the suit has expressly referred for information in reference to a matter in dispute.
See also
1) Difference between Confession and Admission
2) Various provisions relating to admission
3) When Secondary Evidence is Admissible ?
4) Improper Admission and Rejection of Evidence
5) Difference Between an Admissions and Estoppel
Meaning of Admission
Admission is a Statement of Fact, oral or written, which wives or dispense with the production of evidence by conceding that fact asserted by the opponent is true. Admission is the best substantive evidence that an opposite party can rely upon.
Definition of Admission :
According to Section 17 of the Indian Evidence Act, 1872 "An admission is a statement, oral or documentary 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".
Elements :
To constitute admission following elements must be present.
A) A statement oral or written
B) It is a Statement to suggest any inference as to any fact in issue or relevant fact.
C) Admission will be relevant only if it is made by any of the person specified in the said Act
D) Admission is relevant only in the circumstances mentioned in the Act.
Example :
Sam undertakes to collect rents For John. Sam was asked to collect rent from Tom. but Sam did not collect , saying that no rent was due from Tom to Sam. John sues Sam for not collecting the rent . If Tom makes statement that he owed John rent, it is an admission.
Person Who can make Admission
Sections 18 to 20 of the Act lays down the provisions relating to persons to make admissions
An admission is relevant if it is made by
i) A party to the proceeding (Civil or Criminal);
ii) An agent authorized by such party;
iii) A Party suing or being sued in a representative character making admission while holding such character,
iv) A person who has a proprietary interest in the subject matter of the suit during the continuance of such interest
v) A persons from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest,
vi) A person whose position is it necessary to prove in a suit, if such statements would be relevant in a suit brought by or against himself,
vii) A person to whom a party to the suit has expressly referred for information in reference to a matter in dispute.
See also
1) Difference between Confession and Admission
2) Various provisions relating to admission
3) When Secondary Evidence is Admissible ?
4) Improper Admission and Rejection of Evidence
5) Difference Between an Admissions and Estoppel
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