Admissions in Evidence Act
Admissions Under the Indian Evidence Act, 1872
What is an Admission?
An admission is a statement, oral or written, which suggests any fact — relevant to the case — as being true.
Unlike a confession (which is an admission of guilt), an admission does not necessarily imply guilt; it can be any acknowledgment of fact that helps the opposite party’s case.
Definition
Section 17 of the Indian Evidence Act, 1872 defines admission as a statement, which is not made in the course of judicial proceedings, but which suggests any inference as to any fact in issue or relevant fact.
It is relevant evidence against the person who makes it.
Key Features of Admission
It is not conclusive proof of the fact admitted but is evidence against the party making it.
It can be made by any person, including parties or their representatives.
It may be express or implied.
Admissions can be made before or after a dispute arises.
Types of Admissions
| Type | Description |
|---|---|
| Express Admission | Clearly stated either orally or in writing. |
| Implied Admission | Conduct or behavior from which admission can be inferred. |
| Judicial Admission | Made during judicial proceedings; treated as conclusive proof unless withdrawn. |
| Extra-Judicial Admission | Made outside court proceedings; admissible but not conclusive. |
Sections of the Indian Evidence Act Relevant to Admissions
| Section | Topic | Explanation |
|---|---|---|
| Section 17 | Definition of Admission | Admission is a statement which suggests any fact as true. |
| Section 18 | Admission by party to the suit or his agent | Admission by the party or someone authorized to speak on their behalf is relevant. |
| Section 19 | Admissions by persons expressly or impliedly authorized | Admissions made by authorized persons are binding on the party. |
| Section 20 | Admissions by agent respecting matters within authority | Admissions by agents or representatives about matters within their authority are relevant. |
| Section 21 | Admissions by persons whose position must be proved as against the person making them | Admissions by employees, servants, or others about matters within the scope of their employment are relevant. |
| Section 22 | Admissions in civil cases, how far relevant | Admissions relevant only against the party making them and not others. |
| Section 23 | Admissions in criminal cases | Admissions relevant against the person who makes them. |
Important Points
Admissions are not evidence of the fact admitted but are relevant facts and can be used to infer truth.
They are not binding if retracted before trial or challenged with contrary evidence.
Can be used to prove facts but cannot be the sole basis for conviction in criminal cases.
Admissions can help to shorten trial by avoiding unnecessary proof of facts already acknowledged.
Example of Admission
If in a civil suit, a defendant says, "I delivered the goods late," it’s an admission of delay in delivery but not necessarily an admission of breach of contract.
Difference Between Admission and Confession
| Aspect | Admission | Confession |
|---|---|---|
| Meaning | Statement suggesting a fact | Statement admitting guilt |
| Effect | Evidence against the party | Evidence of guilt |
| Scope | Any relevant fact | Only guilt of offense |
| Voluntariness | Not necessarily voluntary | Must be voluntary |
| Sections | Sections 17-23 | Sections 24-30 |
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