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Admission[1]

Table of Contents

(Ss.17 to 23 & 31)

QUESTION BANK

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

Admission Defined (S.17): –
Persons making Admission (S.18 to 20): –

III. Other requirements of Admission: –

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): –

Admissions how proved / Effect of Admissions: –
Admissions not conclusive proof, but may estop (S.31): –
Admissions are not conclusive proof of the matter

Admissions are conclusive proof of the matter admitted when

they operate as estoppel under S.115 of the Evidence Act.
Fact admitted need not be proved (S.58)
Proof as to extra Judicial Admission: –
Difference between ‘Admissions’ and ‘Estoppel’
Nature
Evidentiary Value: –
by a third person: –
Provisions: –

I. Admission Defined (S.17): –

An ‘Admission’ is a statement –

oral, or
documentary, or
contained in electronic form

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.

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.[2].

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).

An agent authorised by such party (S.18)
Party’s representatives (i.e. party suing or sued in a representative character making an admission) (S.18)
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)
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.

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[3]: –

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 between third persons under S.32[4]

(ii) A statement of Admission regarding the state of mind or body[5].

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.

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).

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)[6]. 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 –

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.

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 –

that he is entitled to give secondary evidence of the contents;
or
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.

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[7] : –

1. Admissions not conclusive proof, but may estop[8] (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[9].

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 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[10] (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. –

Formal Admissions (Judicial Admissions)[11] and
Informal Admissions (Extra-Judicial Admissions)[12]

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 proof, viz. –

Facts which parties or their agents agree to admit at a hearing[13].
Facts which, before the hearing, they agree to admit in writing, and

Facts which they have deemed to have admitted by rules of pleadings.

Order VIII rule 5 of the Civil Procedure Code provides that every allegation of the fact in 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[14]: –

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. fact in issue.

Estoppel is a rule of evidence that prevents a person from retracting his earlier representation.[15].

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 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.

*****

[1] कबुली/कबुली जबाब/स्विकृती [कारोक्ति / इकबालिया जवाब / प्रवेश ]

[2] स्वहिता विरुध्द केलेले विधान म्हणजे स्विकृती [स्व-हित के खिलाफ एक बयान स्वीकृति है ]

[3] स्विकृतीचा/कबुलीचा पुरावा [स्वीकृति/पावती का प्रमाण ]

[4] 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 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

[5] विषिश्ठ मनस्थिती किंवा षारिरीक स्थिती संबंधी कबुली [मन या शारीरिक स्थिति की किसी विशेष अवस्था के बारे में स्वीकारोक्ति]

[6] दस्ताऐवजामधील नमुद /कबूल मजकुरासंबंधी पुरावा कधी ग्राहय धरला जातो. [जब दस्तावेज़ में नमूना/प्रवेश पाठ के संबंध में साक्ष्य स्वीकार्य हो। ]

[7] स्विकृती न्यायालयासमोर कषी सिध्द करावयाची [ स्वीकृति को अदालत के सामने साबित करना होगा ]

[8] स्विकृती ही मान्य केलेल्या मजकराचा पक्का/निर्णायक पुरावा [पावती सहमत सामग्री का निर्णायक/निर्णायक साक्ष्य है ]

9 स्विकृती ही मान्य केलेल्या मजकुराच्या पक्का निर्णायक पुरावा घेतो. तेव्हा ती कलम 115 प्रमाणे प्रतिबंध असते. [पावती स्वीकृत पाठ का ठोस निर्णायक प्रमाण लेती है। तब यह धारा 115 के तहत प्रतिबंधित है।

[10] मान्य, स्विकृत केलेली घटना सिध्द करण्याची गरज नाही [सहमत, स्वीकृत घटना को सिद्ध करने की आवश्यकता नहीं है ]

[11] न्यायिक स्विकृती/कबुली [न्यायिक पावती / स्वीकारोक्ति

[12] न्यायिक व्यतिरिक्त मार्गाने/स्विकृती [न्यायिक माध्यमों/मान्यता के अलावा अन्य द्वारा ]

[13] मान्य, स्विकृत केलेली घटना सिध्द करण्याची गरज नाही [सहमत, स्वीकृत घटना को सिद्ध करने की आवश्यकता नहीं है ]

[14] न्यायिक व्यतिरिक्त मार्गाने/स्विकृती [न्यायिक माध्यमों/मान्यता के अलावा अन्य द्वारा ]

[15] न्यायिक स्विकृती/कबुली [न्यायिक पावती / स्वीकारोक्ति ]