In a court case,what someone says or writes can be a crucial factor to understand that particular case. This is called an “Admission”. An admission is a statement that helps in figuring out a fact in question or a relevant fact of the case.Admission can be either formal or informal.Admission made by any person is given from Section 15 to 18 and under what circumstances they are made, is given from section 16 to 24 of The Bharatiya Sakshya Adhiniyam,2023
Section 15: What is an Admission?
Section 15 of The Bharatiya Sakshya Adhiniyam,2023 defines admission as follows –
- It is a spoken(oral),written(documentary) or electronic form of statement;
- It tells about the inference relating to fact in issue or relevant fact;
- Is made by someone involved in that particular case, under circumstances that makes its statements relevant.
Positive act of acknowledgement by a person is known as Admission.During the trial, this acknowledgment,dispenses with the production of evidence by conceding for the purpose of litigation that proposition of fact as true.Admission binds the maker so far as it relates to Facts.They are not taken as a conclusive proof ( Earlier under Section 17 of Indian Evidence Act,1872)
When and by whom admission can be made
All statements are not admission unless the statements are made by the persons under the circumstances provided under section 16 to 18 of The Bharatiya Sakshya Adhiniyam,2023.They are as under-
- Person whose position and liability is necessary to prove (Section 17)
- Person referred by party to the suit (Section 18)
Section 16: Admissions by Party or Agent
Under this section to accept a statement as an Admission there must be a formal agency.
Key Components
Admissions can be made by:
- Party or
- his agent authorized by him ( Earlier under Section 18 of the Indian Evidence Act,1872)
Exceptions
Admissions don’t include statements made by the following-
- Person suing or sued in representative capacity ,unless made while holding the position
- Person having proprietary or pecuniary interest
- Person from whom interest is derived unless made during the continuance of that interest of the person
Section 17: Admissions by Persons Whose Position and Liability Must be Proved
Key Components
Admissions can also be made by persons whose position or liability must be proved against a party to the suit under this section, if:
- The person’s statement is relevant to that position or liability in a separate suit
- The person’s statement is made while he has occupied that position or is subject to that liability.( Earlier under section 19 of Indian Evidence Act,1872)
Example
A statement made by C that he owes the rent to B ,is an admission, relevant to A, if A denies that C owed rent to B.
Section 18: Admissions by Persons Expressly Referred to by the party
Key Components
Admissions can be made by persons specifically referred to by a party to the suit for information on a disputed matter of the case.(Earlier under Section 20 of Indian Evidence Act,1872)
Example
Statement made by C is an admission if A refers B to C for information regarding the soundness of a white horse sold by A to B.
Why is this Important?
Admissions plays an important role for the case because they can:
– Provide evidence to crack the case
– Helps in proving or disproving a claim
– Shows that someone knew something very crucial and important about the case
Conclusion
Admissions are statements made by a person that can be used as evidence in a case.To thoroughly understand,what makes a statement an admission is crucial to build a strong case. By knowing who can make Admissions and when they are important, parties to a case can prepare better arguments and present their evidence.
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