Section 17 and 18 ADMISSIONS
Admission is a prior statement adverse to one’s interest and not prior statement in one’s
interest.
Not conclusive proof
Substantive piece of evidence.
Shifts burden on other party.
Example- A sues B for Rs. 5000 which B allegedly borrowed. B denies the same. An earlier statement
made by B saying that he owed money to A is and admission which can be used against him by A.
Judicial admission
Made in course of legal proceeding usually in pleadings or before a judge. (Sec. 58)
Extra Judicial Admission
Not made in contemplation of a Proceeding though later used as Evidence But at the time they were
made They are made simply to admit a Fact. (Sec. 17 to 31)
The Sections to be covered now are Sec. 17-31. These are broadly called admissions.
These admissions in Criminal matter with respect to a crime committed are called
confessions.
Layout of the Sections
An admission is defined in section 17 as a statement, oral or documentary, 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 mentioned in the three succeeding sections.
The section does not, therefore, contain a complete definition of the word "admission",
inasmuch as it does not define the persons whose statements amount to admissions, nor the
circumstances under which a statement must be made so that it may amount to an admission.
This part of the definition of an admission is left to sections 18-20. Therefore, the question
whether a statement amounts to an admission or not depends upon whether it was made by
any of the persons, and in any of the circumstances, described in sections 18-20, and whether it
suggests an inference as to a fact in issue or a relevant fact in the case.
Layout of the Sections
To summarize:- Admissions are defined in Sec. 17, read with Section 18 to 20
Sec. 17 describes the nature of Admissions.
Sec. 18 to 20 describes the persons and the circumstances referred in Sec. 17.
Sec. 21 describes by whom can the admissions be used and in what manner.
Sec. 22, 22A and Sec. 23 describes when are admissions relevant.
Sec. 24 to 30 deals with confession. Out of these Sec. 24 to 26 deal with confessions which are irrelevant
and
Sec. 27 to 30 deal with confessions which thecourt will take into account.
Sec. 31 deals with Estoppel.
Admissions
3 definitions to consider here.
Statements are genus, Admissions are the species and confession is a sub species.
1.Statement
2.Admission
3.Confession
Statement- anything that is stated [oral or written giving information or opinion.]
Admission Sec. 17
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.
Ingredients
It’s a statement (oral, electronic or documentary) Suggesting an inference- To relevant fact or
fact in issue.
Made by persons UNDER circumstances mentioned in Sec. 18 to 20.
That means that though every admission would be a statement every statement would not be
an admission.
Sec. 17 to 31 talk about admissions which are made in general not specifically in respect to any
suit or proceeding.
Though they are later used when such suit or proceeding is initiated.
But at the time it was made the person was merely admitting something.
Example
A meets B on the evening of 7th of May and informs him that he had gone to meetX who had borrowed
money from him.
8th of May X is found dead. Police comes to know that X was last seen with A. And a FIR is registered
against A.
Here, the statement by A is an admission even though when he made the same there was no case
against him.
Admission a subjective Concept
A statement per say will not be an admission, rather admission is a subjective concept, today when the
statement is made the statement per say will not be an admission for the purpose of Sec. 17.
Rather later on if a suit or a proceeding is initiated in which that person is involved and the earlier
statement is found to be suggesting an inference to FI or RF of that suit/proceeding then the earlier
statement technically becomes an admission for the purposes of Sec. 17.
Sec. 18 Admission by party to proceeding or his agent.—
Statements made by a party to the proceeding, or by an agent to any such party, whom the Court
regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them,
are admissions.
by suitor in representative character.—Statements made by parties to suits, suing or sued in a
representative character, are not admissions, unless they were made while the party making them held
that character.
Statements made by—
(1)—persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding,
and who make the statement in their character of persons so interested, or
(2) person from whom interest derived.—persons from whom the parties to the suit have derived their
interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the
interest of the persons making the statements
Persons under Section 18:- Party or agent
Person suing in representative character
Persons having proprietary or Pecuniary interest
Persons From whom parties have derived their interest
Section 18 First and Second Part talks of Rule of Privity. (party/agent, person suing in representative
character)
According to the first part if a person who is a party to the suit or proceeding or his agent has made a
statement then in reference to that suit or proceeding if the condition of Sec. 17 are satisfied then it will
be considered as an admission in that suit/proceeding.
Admission by agents
Whom the court regards……as expressly or impliedly authorized.
Above makes it clear that the agency must be proved before the admissions of agent are taken
as evidence.
Statements admissible because he is so ‘authorized’,- so he becomes the representative of the
principal (who is a party)in lawful transactions of that business.
Agency being a matter of contract a minor can not be an agent.
Important points:-
Agency must be proved
Agent must be authorized
Statement ‘must’ be made during the continuation of agency.
By termination of agency the authority to make admission ceases.
Examples of agents in Sec. 18 includes:-
Advocate or a solicitor
Minister of the government with respect to the portfolio.
Partners
Part II of main Section
Suing or being sued in representative character (when he held such character)
‘Representative character’ means that the person is representing other/s or an estate, and not
acting on his own behalf or personally
Example , trustee represents the estate which he holds for the benefit of the beneficiary .If he
makes an admission and later sues or is sued, then admission made by him would be relevant
against him.
Exceptions to Rule of Privity
Sec. 18 Clause 1 and 2 along with Sec. 19 and Sec. 20 are exceptions to the rule of privity.
Though Sec. 19 and 20 are statements by total strangers.
They are considered to be admissions even though they are NOT made by party to the suit.
