ATAL BIHARI VAJPAYEE SCHOOL OF
LEGAL STUDIES
CHHATRAPATI SHAHU JI MAHARAJ
UNIVERSITY
BBA LLB Honours- 602
Law of Evidence Assignment
Submitted To :- Submitted By:-
Mr.Rahul Tiwari Devesh Yadav
Assistant Professor BBA LLB (Hons.)
Department of law CSJMU
Introduction
The provisions related to Judgments of Court when relevant are covered
under Part II of Bhartiya Sakshya Adhiniyam, 2023 (BSA).
Section 15 to Section 21 of BSA covers all the provisions related to
admissions under BSA.
ADMISSION
Admission plays a very important role in judicial proceedings. If one party
to the suit or any other proceeding proves that the other party has
admitted his case, the work of court becomes easier.
The expression 'Admission' means "Voluntarily acknowledgment of the
existence or truth of a particular fact".
In BSA, the term 'Admission' has not been used in this wider sense. It
deals with admissions by statements only oral or written or contained in
an electronic form. But an Admission must be clear, precise and not vague
or ambiguous.
Definition of Admission
Admission is defined under Section 15 of BSA as a statement made by
witnesses which shows inference to any fact in issue or relevant fact in a
case.
According to Section 15, admission can be in the form of a document, oral
statement or may be contained in an electronic form.
Parties who can Make the Admissions
According to Section 16 of BSA, the following parties can make
admissions:
Admission by Parties to Proceeding:
o The term ‘parties’ not only means the persons who appear on the record
in that capacity but also includes those persons who are parties to a suit
without appearing.
o Persons who have an interest in the subject matter of the suit but are not
parties on the record are also considered as parties in the proceedings and
their statements.
Admission by Agent:
o The statements made by an agent in a suit would be admissible as against
the person he is representing.
o The statements made by an agent are, however, binding only when they
are made during the continuation of his agency.
Statements made in Representative Character:
o When a person such as trustees, administrators, executors etc., sue or are
sued in a representative character.
o Any statement made by them will only be admissible if made in their
representative character. Any declarations made by them in their personal
capacity will not be taken as an admission.
Persons interested in the Subject-matter:
o In any such suit where several persons are interested jointly in the
subject-matter of the suit, then any admission made by anyone of the
parties will be taken as an admission against himself as well as the other
parties jointly interested in the subject matter.
Persons from whom the Parties derive Interest:
o Any statement made by the predecessor-in-title from whom the party to
the suit derives his title will be admissible.
o But this will only be held as an admission if the predecessor-in-title made
the declaration while still holding the title and not after the title has been
transferred.
o The statement made by the former owner will not be considered as an
admission as against the parties if it was made title has been passed.
Section 17-18 of BSA
Section 17-18 of BSA provides an exception to the general rule that is
mentioned under Section 16.
Section 17 and Section 18 are exceptions to the general rule laid down in
Section 16. Under this section the parties to the proceeding may use the
statement of a third person.
If the statement of third person contained an admission against his own
interest and could have been used against him if he sued or was sued in
connection with matter involving the position or liability affected by that
admission.
Admissions by Persons whose Position must be proved as against party to
suit: (Section 17)
This section of BSA as in general it refers to third party who makes
statement against himself when it affects his position.
It is taken under admission only when the position is proved as against the
party to the suit and the third party still exists at the time of the suit.
Illustration:
o A undertakes to collect rents for B. B sues A for not collecting rent due
from C to B. A denies that rent was due from C to B. A statement by C that
he owned B rent is an admission, and is a relevant fact as against A, if A
denies that C did owe rent to B.
Admissions by Persons Expressly referred to by Party to Suit: (Section 18)
Section 18 of BSA states the admissions made by any person expressly
referred to by party to suit.
This section states, any statements made by a person to whom a party to
the suit has expressly referred for facts in respect to a matter in dispute
are referred to as admissions. This section also brings an exception to the
general principle of admissions which are made by strangers.
Illustration:
o The question is whether a horse sold by A to B is sound. A says to B- " Go
and ask C, knows all about it" C's statement is an admission.
Proof of Admissions Against Persons Making Them, and by or on their
Behalf (Section 19)
Admissions are relevant against the person making it and against his
representatives but not otherwise.
But there is an exception to this general rule as:
o An admission 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
o An admission may be proved by or on behalf of the person making it,
when it consists of a statement of the existence of any state of mind or
body, relevant or in issue, made at or about the time when such state of
mind or body existed, and is accompanied by conduct rendering its
falsehood improbable
o An admission may be proved by or on behalf of the person making it, if it
is relevant otherwise than as an admission.
Illustrations:
o The question between A and B is, whether a certain deed is or is not
forged. A affirms that it is genuine, B that it is forged. A may prove a
statement by B that the deed is genuine, and B may prove a statement by
A that deed is forged; but A cannot prove a statement by himself that the
deed is genuine, nor can B prove a statement by himself that the deed is
forged.
o A, the captain of a ship, is tried for casting her away. Evidence is given to
show that the ship was taken out of her proper course. A produces a book
kept by him in the ordinary course of his business showing observations
alleged to have been taken by him Admissions by persons whose position
must be proved as against party to suit. Admissions by persons expressly
referred to by party to suit. Proof of admissions against persons making
them, and by or on their behalf. from day to day and indicating that the
ship was not taken out of her proper course. A may prove these
statements, because they would be admissible between third parties, if
he were dead, under clause (b) of section 26.
o A is accused of a crime committed by him in Kolkata. He produces a letter
written by himself and dated at Chennai on that day, and bearing the
Chennai post-mark of that day. The statement on the date of the letter is
admissible, because, if A were dead, it would be admissible under clause
(b) of section 26.
o A is accused of receiving stolen goods knowing they were stolen. He offers
to prove that he refused to sell them below their value. A may prove
these statements, though they are admissions, because they are
explanatory of conduct influenced by facts in issue.
o A is accused of fraudulently having in his possession counterfeit currency
which he knew to be counterfeit. He offers to prove that he asked a skillful
person to examine the currency as he doubted whether it was counterfeit
or not, and that person did examine it and told him it was genuine. A may
prove these facts.
When Oral Admissions as to Contents of Documents are Relevant (Section
20)
This section states that oral admissions as to the contents of a
document are not relevant.
If the party proposing proves that the oral admissions shows that he is
entitled to give secondary evidence of the contents of such document
under the rules hereinafter contained, or unless the genuineness of a
document produced is in question.
Admissions in Civil Cases When Relevant (Section 21)
In civil cases no admission is relevant, if it is made either upon an express
condition that evidence of it is not to be given, or under circumstances
from which the Court can infer that the parties agreed together that
evidence of it should not be given.
This section is further explained under an explanation as, nothing in this
section shall be taken to exempt any advocate from giving evidence of any
matter of which he may be compelled to give evidence under sub-sections
(1) and (2) of section 132.
CONCLUSION
Admission refers to revealing information or acknowledging guilt. Any
party to the proceedings of a matter, their representative, and in some
cases third parties as well, may make an admission. Admissions may be
voluntary or involuntary. Admissions can either incriminate or exonerate.
