Person Who can make Admission

Introduction -

Section 17 of the Indian Evidence Act, 1872 defines Admission. The provisions of Section 17 to Section 23 of the Indian Evidence Act deals with Admission. Admission plays important role in Judicial Proceeding. If one party to a suit or any other proceeding proves that the other party has admitted his case, the work of the Court becomes easier.

Admission

Section 17 of the Indian Evidence Act Defines Admission as follows -

"An admission is 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 hereinafter mentioned."

To constitute admission following elements must be present.

A) A statement oral or written

B) It is a Statement to suggest any inference as to any fact in issue or relevant fact.

C) Admission will be relevant only if it is made by any of the person specified in the said Act

D) Admission is relevant only in the circumstances mentioned in the Act.

Sections 18 to 20 of the Act lays down the provisions relating to persons to make admissions

An admission is relevant if it is made by

i) A party to the proceeding (Civil or Criminal);

ii) An agent authorized by such party;

iii) A Party suing or being sued in a representative character making admission while holding such character,

iv) A person who has a proprietary interest in the subject matter of the suit during the continuance of such interest

v) A persons from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest,

vi) A person whose position is it necessary to prove in a suit, if such statements would be relevant in a suit brought by or against himself,

vii) A person to whom a party to the suit has expressly referred for information in reference to a matter in dispute.

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 made 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) by party interested in subject matter; 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) by 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.

Admissions by persons whose position must be proved as against party to suit -

Statements made by persons whose position or liability it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against the made if they are made whilst the person making them occupies such position or is subject of such liability. (Section 19)

Illustration -

A undertakes to collect rent 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.

Person Who can make Admission | Law of Evidence

Introduction -

Admission