Admission Plays A Very Important Part In Judicial Proceedings.pdf

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 work of the court becomes easier. An Admission may be proved by or on behalf of the person making it under certain exceptional circumstances. Evidence Act, Sections 17 to 23 deals with the Admissions. 1) Meaning of Admission: The expression 'Admission' means "Voluntarily acknowledgment of the existence or truth of a particular fact". But In the Evidence Act, 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. 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. An Admission must be clear, precise and not vague or ambiguous. 2) Definition of Admission: According to 17 of Indian Evidence Act, "An admission is a statement, oral or documentary or [contained in electronic form (Amendment w.e.f. 17/10/2000)] 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." There are three parts of the definition: 1) It defines term "admission" 2) It says that an admission will be relevant only if it is made by any of the person specified in the Act. 3) "Admission" is Relevant only in the circumstances mentioned in the Act. 3) Characteristics of Admission : To constitute admission, the following characteristics are to be present as per definition stated above. 1. It may be oral or documentary 2. It is a statement to suggest any inference to any fact in issue or relevant fact. 3. It must be made by any person prescribed under the Act; and 4. It must be made under the circumstance prescribed under the Act. The admission must be clear and unambiguous. The admission is admissible because of the following reasons: a) Admission as a waiver of proof; b) Admission as a statement against interest; c) Admission as evidence of contradictory statement; d) Admission as evidence of truth.

4) Nature of Admission: The

statements

made

by

parties

during

judicial

proceeding

are

'self-regarding

statements'. The self-regarding statements may be classified under two heads – i) Self-serving statements; and ii) Self-harming statements. i) Self-serving Statements - Self-serving statements are those, which serve, promote or advance the interest of the person making it. Hence they are not allowed to be proved. They enable to create evidence for themselves. ii) Self-harming - Self-harming statements are those which harm or prejudice or injure the interest of the person making it. These self-harming statements all technically known as “Admissions" and are allowed to be proved. 5) Who can make admissions (Section 18 to Section 20) An Admission is relevant if it is made by: 1) A party to the proceeding; 2) An agent authorized by such party. 3) A party suing or being sued in a representative character making admission while holding such character. 4) A person who has a proprietary or pecuniary interest in the subject matter of the suit during the continuance of such interest. 5) A person from whom the parties to the suit have derived their interest in the subject matter of the suit during the continuance of such interest. (Section 18). 6) A person whose position it is necessary to prove in a suit, if such statements would be relevant in a suit brought by against himself (Section 19.) 7) A person to whom a party to the suit has expressly referred for information in reference to a matter in Dispute (Section 20.) Proof of admission against persons making them, and by or on their behalf (Section 21) Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases. (1) 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 the third person under section 32. (2) 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.

(3) An admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission.

Illustrations (a) 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 the deed is forged; but A cannot prove a statement by himself that the deed is genuine nor con B Prove a statement by himself that the deed is Forged. (b)'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 from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statement, because they would be admissible between third parties, if he were dead under Section 32, Clause (2). (C) A is accused of a crime committed by him at Calcutta. He produces a letter written by him and dated at Lahore on that day, and bearing the Lahore post-mark of that day. The statement in the date of the letter is admissible, because if A were dead it would be admissible under Section 32, Clause (2). (d) A is accused of receiving stolen goods knowing them to be stolen. He officers 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. (e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skillful person to examine the coins 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 for the reasons stated in the last proceeding illustration.

When oral admission as to contents of documents are relevant (Section 22) Oral admissions as to the contents of a document are not relevant unless and until the party proposing them 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. When oral admissions as to contents of electronic records are relevant Section 22A) When oral admissions as to contents of electronic records are relevant.—Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question. [Inserted by the Information Technology Act, 2000, w.e.f. 17-10-2000.]

6) Effects of Admission Section 31 says that admissions are not conclusive proof of the matters admitted but they may operate as Estoppel under the provision of this Act. The provision is further supplemented by Section 58 under which it is provided, "Facts admitted need not to be proved." It says that no facts need to be proved in any proceeding which the parties hereto or their agent agreed to admit at the hearing or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading enforce

at

the

time

they

are

deem

to

have

admitted

by

their

pleading.

Section 58 provides for the effect of water are known at judicial admissions. Judicial admissions are formal admissions made by a party during the proceeding of the case. Judicial admissions are binding on the party that makes them. They constitute a waiver of proof. Admissions dealt with in the Indian Evidence Act in Section 17 to 23 and 31 or different from Judicial Admissions. Admission in the Evidence Act is nothing but a piece of evidence. Admission not conclusive proof: An Admission does not constitute a conclusive proof of the fact admitted. It is only prima facie proof and proving contrary is allowed. An admission being not conclusive proof of the fact admitted, evidence can be given to disprove it. But until evidence to the contrary

is

given

and

admission

can

safely

be

presumed

to

be

proved.

Estoppel of the party admitting: An admission operates as an Estoppel, the party admitting the fact will not allowed to go against the fact admitting under section 115 of This Act. Waiver of proof: Judicial Admission operates as a waiver of proof which means it is proof of fact admitted and further proof is not necessary, though the court in its direction may require further proof. 7) Evidentiary Value of Admission An admission is the best evidence against the party making the same unless it is untrue and made under the circumstances, which does not make it binding on him. Admission is the best substantive evidence that an opposite party can rely upon. Admission by a party is substantive evidence of the facts admitted by him. Admissions duly proved are admissible evidence irrespective of whether the party making the admission appeared in the Witness box or not. In fact, Admission is best substantive evidence that an opposite party can rely upon it. The evidentiary value of admission only by government is merely relevant and not conclusive, unless the Party to whom they are made has acted upon and thus altered his detriment.

All confessions are Admissions, but all Admissions are not Confessions…Lets see Difference between Admission and Confession.

No.

Admission

Confession

1)

If a statement is made by a party in civil If a statement made by a party charged with crime, in proceeding it will be called as admission criminal proceeding, it is called as a confession

2)

The expression ‘Admission’ means “ The expression ‘Confession’ means “a statement voluntary acknowledgement of the made by an accused admitting his guilt. If a person existence or truth of a particular fact” accused of an offense (accused) makes a statement against himself, it is called confession.

3)

An admission is genus.

4)

The Term Admission is applicable to a Confession is the term for admission of guilt made in statement, oral or in writing made by a the criminal side. party on civil side.

5)

An admission is not conclusive proof of the A confession, if voluntarily and free, may in the matters admitted and is always rebuttable. discretion of the judge or magistrate, by itself be accepted as conclusive proof of matters confessed and is alone sufficient to warrant a conviction.

6)

An admission may be proved by or behalf of the person making it. An admission may be made by an agent in course of business. Admission by one of the several defendants insuit is not evidence against other defendants.

7) 8)

Confession is specie hence all confessions are admissions but all admissions are not confessions.

But confession always goes against the person making it. While an agent can never make the confession of an offense against a co-defendant. Confession made by one or two or more accused jointly tried for the same offense can be taken into consideration against the co-accused.

Difference Between an Admissions and Estoppel

No.

Admissions

Eatoppel

1)

Definition: An admission is a statement, oral or documentary which suggests an inference as to any fact in issue or relevant fact, and which is made by any of the parties to the suit under certain circumstances.

An Estoppel is a rule of evidence which prohibits a person from contradicting his former representation or conduct, which provides no one shall be allowed to speak or behave contrary to that his earlier statement.

2)

Admissions are not conclusive evidence. It can be rebutted against their makers and those claiming under them by positive proof.

Estoppel is conclusive

3)

In some circumstances, the admission of the third person binds the parties to the suit i.e. Section 90 and 20 of Indian Evidence Act.

Estoppel operates only against the person making representation and his legal representative.

4)

Admission is a weak kind of evidence

Estoppel is regarded as a decisive evidence of high quality

5)

Person making admission is not necessarily induced

In case of Estoppel the person whom representation is made is induced and thereby his position is changed to his detriment.

6)

The rules regarding admissions is laid down under Section 17 to 23 and Section 31 of the Indian Evidence Act.

The rule regarding Estoppel is laid down under section 115 of Evidence Act

•

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

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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. Section 24 to 30 of Indian Evidence Act deals with confessions. Confessions should be voluntary. There are four kinds of Confession a) judicial confession, b) Extra-Judicial Confession, c) Retracted Confession, d) Confession by co-accused. The meaning of Confession: The expression confession means a statement made by an accused admitting his guilt. It is an admission as to the commission of an offence. If a person accused of an offence makes a statement against himself, it is called confession or confessional statement. Confessions are the special form of admissions. Thus it is popularly said that "All Confessions are admissions, but all Admissions are not confessions." Definition of Confession: According to Sir James Stephen "An admission made at any time by a person charged with a crime stating or suggesting the inference that he committed a crime". The term confession no where defined in the Indian Evidence Act 1872, But the definition of admission under section 17 of Indian evidence Act becomes applicable to confession also. Section 17 provides " A statement, oral or documentary which suggests any inference as to any fact in issue or relevant fact."

If a statement made by a party in the civil proceeding, it is called as admission while if it is made by the party charged with the crime, in a criminal proceeding, it is called as a confession. Thus, the confession is a statement made by the person charged with a crime suggesting an inference as to any fact in issue or as to relevant fact. The inference that the statement should suggest that he is guilty of a crime. Confession, in short, is an admission by the accused charged with an offence in the criminal proceeding. If X is charged with the murder of Y, If X said that he has killed B, it is a confession. Kinds of Confession: There are four kinds of Confession, are as follows: 1) Judicial confession: A Judicial Confession is that which is made before Magistrate or in a court due course of judicial proceeding. Judicial Confession is relevant and is used as an evidence against the maker provided it is recorded in accordance with provisions of Section 164 of Cr.P.C.The magistrate who records a confession under Section 164, Criminal Procedure Code, must, therefore, warn the accused who is about to confess that he may or may not be taken as an approval. After warning the accused he must give time to think over the matter and then only record the confession. Such a confession is called judicial confession. 2) Extra-Judicial Confession Extra-Judicial Confession is made not before a Magistrate or any Court in due course of judicial proceeding but is made either to police during the investigation or into police custody or made otherwise than to the police. Extra-Judicial confession is not relevant. (See Detail Note on Extra-Judicial Confession) 3) Retracted Confession The Accused person who confessed earlier and later denied such confession does not destroy the evidentiary value of the confession as originally recorded. The Supreme Court has stated that a Retracted confession may form the basis of a conviction if it receives some general corroboration from other independent evidence. But if the court finds that the confession originally recorded was voluntary, it should be acted upon. 4) Confession by co-accused Section 30.Consideration of proved confession affecting person making it and others jointly under trial for the same offense When more persons than one are being tried jointly for the same offense, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. Explanation: “Offence” as used in this Section, includes the abetment of, or attempt to commit, the offense.