Section 17 of Indian Evidence Act 1872,defines ‘Admission’.Admission made by any person is given from Section 18 to 20 and under what circumstances they are made is given from section 18 to 30 of the Act. Section 17 of the Evidence Act defines admission as follows –
- It is a oral,documentary or electronic form of statement;
- It tells about the inference relating to fact in issue or relevant fact;
Positive act of acknowledgement is termed as admission.During the proceedings this acknowledgment,dispenses with the production of evidence by conceding for the purpose of litigation that proposition of fact as true.
Example:- ‘A’ sues ‘B’ for recovery of money and there is an entry in books of account of ‘B’ that he owes certain amount to ‘A’ then this will be said as admission on ‘B’s part relating to his liability towards ‘A’.
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 18 to 20 of the Indian Evidence Act.They are as under-
- Party or his agent (Section 18)
- Person suing or sued in representative capacity (Section 18)
- Person having proprietary or pecuniary interest (Section 18)
- Person from whom interest is derived (Section 18)
- Person whose position and liability is necessary to prove (Section 19)
- Person referred by party to the suit (Section 20)
