EvidenceJudicial ExamLegal Notes

PCS (J) Notes: Law of Evidence, Admission by Silence

 

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Admission by Silence

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Where a statement substantially affecting a person’s material interest is made in his presence, and the circumstances are such that he would have certainly objected had it been incorrect, the silence on the part of such person can be deemed as admission provided the person has an obligation to speak and holds his tongue in breach of that obligation. In a case a suit was filed for breach of promise of marriage. It was proved that the plantiff said to the defendant, “you always promise to marry me, and you do not keep your word”. The defendant at that time did not deny the promise alleged by the plantiff in her statement. The Court of appeal held that from the silence and other conduct of the defendant the Jury might draw an inference of admission on the part of the plantiff, of the alleged promise.

Admission are also classified into two categories;

  • Formal admission, and
  • Informal Admission.

Formal admission are made deliberately with a view to dispense with the other proof.

Formal Admission also known as Judicial Admission are allowed to be proved under section 58 of the Evidence Act.

Section 58 refers to the following admission of facts and which facts need to be proved:

  1. Admission made in any judicial proceeding.
  2. Admission made by the parties in writing.
  3. Admission deemed by any rule of pleading in force.

Informal admission are usually made in the course of casual conversation in ignorance of the possibility of their being used in the future litigation.

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