Under Section 21 of Indian Evidence Act,1872,it is provided that if an admission is made against the interest of the maker or anyone acting on his behalf will be considered to be relevant.The principle behind this is that admission is evidence against the party who has made the admission and it can be proved against that person.
Self-harming admissions are relevant under Indian Evidence Act,because the rule of law is that if a person makes certain statements against his own interest,it will be considered that the statement must be true.
Exception to the general rule – Under Section 21 of Evidence Act, only self harming admissions are relevant and not self serving ones.It also further states that admissions cannot be proved by or on behalf of the person who makes it except in the conditions provided under that particular section.Three circumstances are provided under section 21 where self serving statements can be proved,they are as under :-
- Under Section 32,if the statements made by the person would be admissible as against the third person if the maker were dead.
- The statement relates to the state of mind or body and when such a state of mind or body existed.That state of mind or body should be accompanied by the conduct which renders its falsehood improbable.
- Where admission is otherwise relevant than as admission. Example:- Section 6 of the Act where statements form the part of the same transaction and are admissible.
