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Definition of Admission

The document defines admission according to Indian law as a statement, oral, written or electronic, that suggests an inference about a relevant fact. There are three key parts to the definition: 1) it defines an admission, 2) it must be made by a specified person, and 3) it must be made under specified circumstances. For a statement to be considered an admission, it must be unambiguous and made by a person designated by law, such as a party to the legal proceeding. Admissions are allowed as evidence because they serve as a waiver of proof, are statements against the party's interest, and demonstrate contradictory statements or the truth.

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1K views4 pages

Definition of Admission

The document defines admission according to Indian law as a statement, oral, written or electronic, that suggests an inference about a relevant fact. There are three key parts to the definition: 1) it defines an admission, 2) it must be made by a specified person, and 3) it must be made under specified circumstances. For a statement to be considered an admission, it must be unambiguous and made by a person designated by law, such as a party to the legal proceeding. Admissions are allowed as evidence because they serve as a waiver of proof, are statements against the party's interest, and demonstrate contradictory statements or the truth.

Uploaded by

TAJ AHAMED
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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Definition of Admission:
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."

There are three parts of the definition:

1) It defines term "admission"

2) It says that an admission will be relevant only if it is made by any of the person specified in the Act.

3) "Admission" is Relevant only in the circumstances mentioned in the Act.

3) Characteristics of Admission : 
    
To constitute admission, the following characteristics are to be present as per definition stated above.

1) It may be oral or documentary

2) It is a statement to suggest any inference to any fact in issue or relevant fact.

3) It must be made by any person prescribed under the Act; and

4) It must be made under the circumstance prescribed under the Act.

       The admission must be clear and unambiguous. The admission is admissible because of the following
reasons:

a) Admission as a waiver of proof;

b) Admission as a statement against interest;

c) Admission as evidence of contradictory statement;

d) Admission as evidence of truth.

Admission is the best substantive evidence that an opposite party can rely upon.

4) Nature of Admission:
                The statements made by parties during judicial proceeding are 'self regarding statements'. The
self regarding statements may be classified under two heads -

i) Self-serving statements; and


ii) Self-harming statements.

i) Self-serving Statements - Self-serving statements are those, which serve, promote or advance the
interest of the person making it. Hence they are not allowed to be proved. They enable to create evidence
for themselves.

ii) Self-harming - Self-harming statements are those which harm or prejudice or injure the interest of the
person making it.  These self-harming statements all technically known as “Admissions" and are allowed to
be proved.

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5) Who can make admissions (Section 18 to Section 20) -
An Admission is relevant if it is made by:

1) A party to the proceeding;

2) An agent authorized by such party.

3) A party suing or being sued in a representative character making admission while holding such character.

4) A person who has a proprietary or pecuniary interest in the subject matter of the suit during the
continuance of such interest.

5) A 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 18)

6) A person whose position it is necessary to prove in a suit, if such statements would be relevant in a suit
brought by against himself (Section 19.)

7) A person to whom a party to the suit has expressly referred for information in reference to a matter in
Dispute (Section 20.)

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.

Effects of Admission 
                Section 31 says that admissions are not conclusive proof of the matters admitted but they may
operate as Estoppel under the provision of this Act. The provision is further supplemented by Section 58
under which it is provided, "Facts admitted need not to be proved." It says that no facts need to be proved
in any proceeding which the parties hereto or their agent agreed 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 enforce
at the time they are deem to have admitted by their pleading.

                  Section 58 provides for the effect of water are known at judicial admissions. Judicial admissions
are formal admissions made by a party during the proceeding of the case.  Judicial admissions are binding
on the party that makes them. They constitute a waiver of proof. Admissions dealt with in the Indian
Evidence Act in Section 17 to 23 and 31 or different from Judicial Admissions. Admission in the Evidence Act
is nothing but a piece of evidence.

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Evidentiary Value of Admission -  
    
               An admission is the best evidence against the party making the same unless it is untrue and made
under the circumstances, which does not make it binding on him. Admission by a party is substantive
evidence of the facts admitted by him. Admissions duly proved are admissible evidence irrespective of
whether the party making the admission appeared in the Witness box or not. In fact, Admission is best
substantive evidence that an opposite party can rely upon it. The evidentiary value of admission only by
government is merely relevant and not conclusive, unless the Party to whom they are made has acted upon
and thus altered his detriment.

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