PCS (J) Notes: Evidence Law, Nature and Form of Admission

Nature and Form of Admission

Listen to the sound clip for Easy Learning

Definition of Admission

To gather the definition of “admission”, Section17 along with section 118,19 and 20 have to be studied together. Section 17 lays down that statement oral or documentary or in electronic form which suggest any inference to any fact in issue or relevant fact made by persons and under the circumstances mentioned in section 18,19 and 20 are admission.

Nature of Admission

In the Course of Judicial proceeding several statements are made by the parties as to the suit and all these statements are known as self-regarding statements.

Seft regarding statements are classified into two categories.

  • Self Serving Statements
  • Self Harming Statements

 

Self-Serving statements are those which serve, promote or advance the interest of the person who makes them.

Self-harming statements are those which harm or prejudice or injure the interest of the person who makes them.

For Example- A files a suit against B alleging that B has borrowed Rs 1000/- from him and that B has defaulted. B denies the fact that he has borrowed the money. Prior to the filing of the suit A makes a statement made by him to C that he has borrowed Rs 1000/- and he has not paid it. A want to prove this statement made by him to C. A’s statement is a silf-serving statement as it serves only his own interest. It is a matter of common knowledge that person are always in the habit of making statements which favour themselves in order to promote their own interests. On the other hand, where A alleges that B has borrowed Rs 1000/- which B denies. A wants to prove the statement made by B to C that he borrowed Rs. 1000/- from A and he could not repay it. The nature of this statement by B is a self harming statement.

Form of Admission

Although section 17 refers to admissions by oral or written statements but in certain situations statements may also be inferred from the conduct of a person. Statements by conduct are also relevant under section 8 and section 14 of the Evidence Act.

  1. Admission need not be addressed to any particular person.
  2. Admission made in a state of Soliloquy are also provable.
  3. Further, admission can also be made by means of sign and gesture.

 

Admission as Waiver of Proof

When parties make an admission of fact it amounts to waiver of proof of such as fact.

But admissions can operate as waiver of proof in the course of judicial proceedings, only in the case of formal admissions but not in the case of informal admissions which are made casually.

Conditions for the Admissibility of Admissions

The following conditions have to be fulfilled in order to make admissions to be proved:

  1. Admissions of which evidence is sought to be given, must relate to the subject matter in issue.
  2. Admission must be in nature of self-harming form, that is, it must go against the interest of the market.
  3. Admission must be made by persons and in the circumstances mentioned under section 18-20 of the Evidence Act.

According to the case of Gaur Satyarajulu v. T.C. Panighrahi, ILR 1964 Cuttak 274; The right of a party cannot be defeated on the basis of his admission unless it is in clear and unambiguous term.

Ram Dayawala and Sons LTD v. Invested Impart AIR 1981 SC 2085. In a Civil Case, the admission made by party is  best evidence.

Ram Sahai v. Jai Prakash AIR 1993 MP 147; According to Justice R. C. Lahoti, when the litigant suggests or consents to a particular procedure, he cannot be permitted to change its validity. In a suit for eviction, a tenant holding a power of attorney for other tenants, admitted liability for arrears of rent. The admission was held to be binding on other tenants also.

 

 

Leave A Comment