Evidence Law Assignment PDF

1
ASSIGNMENT
TOPIC NAME- “Admission.”

SUBJECT- LAW OF EVIDENCE
ASSIGNMENT SUBMITTED TO FACULTY OF LAW
UNIVERSITY OF LUCKNOW
B.A.LL.B. (Hons.)-V SEM (SECTION- B)
Under Guidance of: Submitted By:
MS. BANDANA SINGH AJAY CHAURASIA

Roll no:-180013015096.
GUEST
FACULTY
FACULTY OF
LAW
UNIVERSITY OF
LUCKNOW
FACULTY OF LAW UNIVERSITY

OF LUCKNOW U.P.
2020-21
2
Index
S.no Particulars Pg.no.
1 Introduction 3
2 Section-18(Whose Admission 5
will be relevant?)
3 Proof of Admission 6
4 Admission in Civil Cases 7
5 8
Bibliography
3
ADMISSION
Introduction
Admission plays a very important part in judicial proceedings. If one party to a suit or any
other proceeding proves that the other party has admitted his case, the work of the court
becomes easier.
 The Indian Evidence Act1, Sections 17 to 23 deals with the Admissions.

 Section 17 of Indian Evidence Act defines the term Admission.
The Expression Admission means “Voluntarily acknowledgment of the existence or

truth of a particular fact".
In the Indian Evidence Act, the term 'Admission' has been used in this wider sense. It
deals with admissions by statements only oral or written or contained in an electronic
form.
“An Admission must be clear, precise and not be vague or ambiguous.”
 Definition of Admission- “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 , or which is made by any of the person ,and under the circumstances
,hereinafter mentioned.2”
The definition states that the evidence can be either by:-
1. Oral.
2. Documentary.
3. In Electronic Form3.
But its relevancy depends on whether it satisfies the conditions mentioned in Section
18 to 23.4
Admission is a broader term and includes confessional statements.

Admission can be formal or informal.
 Formal Admission: - Formal Admission is judicial admissions and in such a case,
there is no need to prove the facts admitted. Section 58 of Indian Evidence Act says
that the facts which are judicially admitted need not to be proved.
 Informal Admission: - Informal admissions are usually made in casual conversation
in ignorance of the possibility of it being used in future litigation. For example, with
friends, family, neighbour, and so on.
1
Act no 1 of 1872.
2
Section 17 of Indian Evidence Act 1872.
3
Inserted by Information Technology Act; no 21 of 2000.
4
Indian Evidence Act; 1872.
4
 Admission an exception to hearsay rule- “Admission constitutes an exception to

hearsay rule. This is so because, an admission though a hearsay, is nevertheless the
best evidence. ”
 Admission by conduct- “Active or Passive conduct may in circumstances become

evidence of an admission.” In the case of Mayo v. Mayo an Australian case it was
held that there is an admission of adultery and an admissible evidence of adultery.
As in this case the women registered the birth of his child but didn’t entered the name
of his father, its profession etc. As court held that she did not know that the father is
or else there is an admission of adultery.5”
Admission operates as an estopple under Sec-31.
Silence may amount to admission in certain situations.6
5
Mayo v. Mayo (1949) P.172.
6
Section 8 Illustration (g).
5
SECTION-18
(Whose admission will be relevant?)
Section -18 rules down the parties whose admission will be relevant.
1. PARTIES TO THE SUIT: - All the statements made by the parties to the
suit that makes an inference as to a relevant fact or fact in issue is relevant.
In case of defendants, a defendant’s admission of one does not bind his co-defendants, but in
the case of plaintiffs it binds the co-plaintiff’s as they share a common interest, the admission
of one will bound on co-plaintiff’s7.
2. AGENTS OF THE PARTY: - As the law of agency dictates, anything done

by an agent, in the normal course of business, is deemed to have been done by
the principal himself. Principal will be held for the act of his agent during the
course of his business. Hence, if an agent is implied or expressly been asked
to make an adverse statement, the same shall be relevant.
“A lawyer doesn’t come under this section”.
3. STATEMENT MADE IN A REPRESENTATIVE CAHARACTER: - A

person who sues or sued in a representative character. This refers to the
people such as trustees, administrators, executors etc. If anything said in a
personal capacity is not taken as admission but if said in the representative
capacity, it will count to an admission.
4. STATEMENT MADE BY A THIRD PARTY: - Any statement made by a

third party will count to an admission. This includes the persons having
proprietary or pecuniary interest, provided their statements are in character of
their interest. A predecessor-in-title, that is, from whom the parties have
derived their interest in their subject matter of the suit. This applicability only
if the parties to the suit continue holding their title. This previous owner of the
title to the property can make admission regarding the property and not the
parties or the new owner.
7
Kashmira Singh v. State of M.P (AIR 1952 SC 159.)
6
PROOF OF ADMISSION
(SECTION-21)
Admissions are relevant and may be proved as against the person who makes them or
his representative in interest but they cannot 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.
In the case of R. v. Petcherini8 it was held that “if a man makes the declaration
accompanying any act it is evidence but declaration must be made two days or
three days, or a week, previous to the transaction in question cannot be evidence
otherwise it would be easy for a man to lay grounds for escaping the
consequences of wrongful act by making such declarations.”
 Section 22 & 22(A):- Section 22, along with the Sec-65 and Sec-22A was
inserted by the I.T. Act of 2000. It provides that the oral admission as to the
content of documents or electronic records is irrelevant unless the question is
about the document or record being forged or genuine.
8
1885, 7 Cox CC 70.
7
ADMISSION IN CIVIL CASES
Section – 23 of Indian Evidence Act deals with the relevancy of admission in civil
cases.
In civil cases when a statement or an admission is made without prejudice, it is not
relevant.
This section meant to reach a compromise between parties and to avoid litigation.
It protects the every admission made where without prejudice is expressly or
impliedly stated and they can’t be disclosed in the court except by consent of both the
parties to suit.
8
BIBLIOGRAPHY
1. Books:-
Batuklal, The Law of Evidence, Central Law Agency,Allahabd, 23rd Edition 2020.
2. Act :-
Indian Evidence Act, 1872.
3. Web-Links:-
www.lawnn.com/law-evidence-admissions-admissions-indian-evidence-act-1872/

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TOPIC NAME- “Admission.”

ASSIGNMENT SUBMITTED TO FACULTY OF LAW

B.A.LL.B. (Hons.)-V SEM (SECTION- B)

Under Guidance of: Submitted By:

MS. BANDANA SINGH AJAY CHAURASIA

FACULTY OF LAW UNIVERSITY

S.no Particulars Pg.no.

4 Admission in Civil Cases 7

 The Indian Evidence Act1, Sections 17 to 23 deals with the Admissions.

The Expression Admission means “Voluntarily acknowledgment of the existence or

 Definition of Admission- “An admission is a statement ,oral or documentary or

The definition states that the evidence can be either by:-

Admission is a broader term and includes confessional statements.

 Admission an exception to hearsay rule- “Admission constitutes an exception to

 Admission by conduct- “Active or Passive conduct may in circumstances become

Silence may amount to admission in certain situations.6

2. AGENTS OF THE PARTY: - As the law of agency dictates, anything done

3. STATEMENT MADE IN A REPRESENTATIVE CAHARACTER: - A

4. STATEMENT MADE BY A THIRD PARTY: - Any statement made by a

(3) An admission may be proved by or on behalf of the person making it if it is

ADMISSION IN CIVIL CASES

Indian Evidence Act, 1872.

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