Admission Under Evidence Act: Definition, Classification & Evidentiary Value

According to Section 15 BSA/Section 17 IEA of the Bharatiya Sakshya Adhiniyam, 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, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.

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 need to prove such admitted fact may be waived.

Proceedings in Which Admission Can Be Used

Under English law the term "admission" is used only in civil cases and all admissions in criminal proceedings are called 'confessions'.  However, in India admissions can be made not only in civil proceedings but also in criminal proceedings. In Criminal cases any positive acknowledgement of fact which fall short of Confession (i.e admission of guilt) constitutes Admission.

Who May Make Admission

1. Party to the Proceeding or His Agent (Section 16 BSA/Section 18 IEA)

Statements made by a party to the proceeding, or by an agent expressly or impliedly authorized by him, are admissions.

Example 1 - If A sues B for recovery of loan, and B in a written statement admits “Yes, I borrowed ₹50,000 but repaid ₹20,000,” this statement is an admission.

Example 2 - If B’s agent authorized to act on his behalf has written a letter admitting that B owes money, such a statement will  be treated as admission on behalf of B.

2. Parties Suing or Sued in a Representative Character (Section 16 BSA/Section 18 IEA)

If a party is suing or sued in a representative capacity (e.g., as trustee, executor, manager), his statement will amount to admission only if made while acting in that character.

Example - X is sued as the trustee of a religious trust. A statement made by X before his appointment as trustee will not be treated as an admission. But if X, while functioning as trustee, admits mismanagement, that admission will bind him in the proceedings.

3. Persons with Proprietary or Pecuniary Interest (Section 16 BSA/Section 18 IEA)

Statements by persons who have proprietary or pecuniary interest in the subject matter of the proceeding, if made in their capacity as such interested persons, are admissions.

Example - C and D are co-owners of property. If C admits that “the land actually belongs to E,” this statement may operate as an admission against D.

4. Predecessors in Interest (Section 16 BSA/Section 18 IEA)

Statements made by persons from whom the parties derive their interest in the subject matter are admissions, provided they were made during the continuance of such interest.

Example - F purchases land from G. If G, before selling, admits that part of the land belongs to H, this admission can be used against F in a later dispute.

5. Persons Whose Position or Liability is in Issue (Section 17 BSA/Section 19 IEA)

Statements made by persons whose position or liability is necessary to prove against any party are admissions, if they would have been relevant against themselves in a suit, and if made while they occupied such position.

Example 1 - In a suit against a surety S, the creditor has to prove liability of the principal debtor P. If P admits “I owe the debt,” this statement is an admission and can be used against S.

Example 2 - A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. Adenies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.

6. Persons Referred to for Information (Section 18 BSA/Section 20 IEA)

Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

Example 1 - A sues B for price of goods supplied. B says, “Ask my accountant; he maintains the records.” If the accountant admits liability, this admission is binding on B.

Example 2 - The question is, whether a horse sold by A to B is sound. A says to B—"Go and ask C, C knows all about it". C's statement is an admission.

Also Read About: Privileged Communication under Indian Evidence Act Or BSA

Classifications of Admission

Admissions may be classified in two ways:

Admissions may be classified in two ways:

A. On the basis of where or to whom it is made

1. Judicial (Formal) Admission

1. Made during legal proceedings, either in pleadings, written statements, or orally before the court.
2. No need to prove such facts again.
3. Governed by Section 53 BSA / Section 58 IEA – Facts admitted need not be proved.
4. Example: In a civil suit, the defendant admits in the written statement that he owes ₹50,000 to the plaintiff.

2. Extra-Judicial Admission

1. An oral or written statement made outside the courtroom, which suggests an inference about a relevant fact or fact in issue.
2. Needs to be proved in court by the person relying on it.
3. Covered under Section 19 BSA / Section 21 IEA.
4. Example: A tells a friend, "Yes, I forged the signature." This can be used as an informal admission in a later criminal trial.

B. On the basis of the nature of the statement

1. Self Serving Admission

1. A statement that favours the person making it.
2. Considered not reliable as people have a tendency to make statements which serve their purpose even if they are false.
3. Generally not admissible as evidence unless it falls under 3 exceptions provided in Section 19 BSA / Section 21 IEA.
4. Example: A sued B for breach of contract. B made the statement "I never signed the contract", to protect oneself from liability.

2. Self Harming Admission

1. A statement that goes against the interest of the person making it.
2. Always admissible as evidence and carries strong evidentiary value (Section 19 BSA / Section 21 IEA).
3. It is considered reliable since people do not often make statements which are against their interest.

It must, however, be mentioned that the definition of admission contained in Section 15 BSA/Section 17 IEA is neutral and treats both the self-serving as well as self-harming statements as admissions but it is Section 19 BSA/Section 21 IEA which makes the distinction and, as a rule, treats the latter and not the former as admissible. Whether an admission is self-serving or not is to be determined with reference to the interests of the person making them. As a rule, it is only the self-harming and not self-serving admissions which are admissible.

When Self Serving Admissions are Relevant

Section 19 BSA / Section 21 IEA permits the proof of self-serving admissions in the following 3 exceptional circumstances:

1. Admission falling under Section 26 BSA / Section 32 IEA

Admission by a person 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 third persons under Section 26 BSA / Section 32 IEA. This section lays down circumstances when statements made by persons who are dead or who cannot be found, may be proved.

Example 1

Sub-clause (2) of Section 26 BSA / Section 32 IEA lays down that when the statement was made by such persons in the ordinary course of business and in particular when it consists of an entry made by him in a book kept by him in the ordinary course of business, it is relevant. Illustration: The plaintiff tries to prove the entries relating to the price made by him in the ordinary course of business in his account book. This entry is the admission of the plaintiff but he will be allowed to prove his own admission only because if he were dead the statement would have been admissible under Section 26 BSA / Section 32 IEA, sub-clause (2).

Example 2

A, the captain of a ship, is tried for casting the ship away. He wants to adduce in evidence the log book maintained by himself wherein the details of the cruise and course followed are recorded in the ordinary course of business. Though self-serving, these entries are admissible under Section 26(b) BSA / Section 32(2) IEA, as they would have been relevant between third parties if the captain were dead or not found.

2. Admission with respect to the state of mind or body

When the admission consists of a statement of the existence of any state of mind or body relevant, and when it was made at or about the time when such state of mind or body existed, and is supported by conduct rendering its falsehood improbable, it may be used by the person who makes it, even for his own benefit.

Example 1

A executes a deed of gift in favour of B. Later, A sues for cancellation of the deed claiming that at the time of execution he was too ill to understand the document. However, a letter written by A just before the execution, showing that he was losing mental balance and had sought medical help, supports his claim. Though self-serving, it is admissible since it relates to his state of mind and body at that time.

Example 2

A is accused of possessing counterfeit currency knowingly. He offers to prove that he had asked an expert to examine it, and the expert told him it was genuine. This evidence is admissible as it relates to A’s state of mind.

3. Statement relevant otherwise than as admission

A self-serving admission may be proved by its maker "if it is relevant otherwise than as an admission." In other words, what is inadmissible under Section 19 BSA / Section 21 IEA may be admissible under some other section.

Example

A person accused of assault is heard saying during the incident: “Don’t make me hit you, I’m just defending myself!”. Though self-serving, this statement is admissible as part of the same transaction under Section 4 BSA / Section 6 IEA.

Evidentiary Value of Admissions

According to Section 25 BSA / Section 31 IEA, admissions are not conclusive proof of the matters admitted but they may operate as estoppel.

1. Admission Not Conclusive Proof (Rebuttable)

An admission is only a piece of evidence, not the final truth. The maker can explain, clarify, or rebut it.

Example: A admits in his written statement that he borrowed ₹50,000 from B. Later, A explains that he had already repaid ₹30,000. His admission was incomplete. Here, the admission is not conclusive proof of the entire liability.

2. Admission Operating as Estoppel

An admission prevents a person from denying or resiling from it when another has relied upon it, according to the doctrine of estoppel.

Example: Tenant T admits in a rent agreement that L is the landlord. Later, in eviction proceedings, T cannot deny L’s ownership. Admission here operates as estoppel.

3. Admissions as Substantive Evidence

• Avadh Kishore Das v. Ram Gopal (1979): The Court held that though not conclusive, admissions are substantive evidence of the fact admitted, provided they are voluntary.
• Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi (1960): The Court held that admissions must be clear and unambiguous to have probative value.

 

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