According to Section 17 of the Indian Evidence Act, 1872 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. Section 17 IEA defines “Admissions” but it is not complete definition. It is complete when it is read with other provisions of the Chapter especially Ss. 18 to 20.In this article, we shall answer the question who can make admission?
Essential Ingredients of Admission:
- is a statement, oral or documentary or contained in electronic form;
- is a statement which suggests any inference as to any fact in issue or relevant fact;
- must be made any of the persons mentioned in the Act (Ss. 18 to 20);
- is made by any person under the circumstances have been mentioned in the Act;
- must be taken as a whole;
- The law of Admissions is exceptions to the law of hearsay; and
- Admissions of facts only bind persons making them.
Example:
A, files a suit against B alleging that B is the last male owner’s daughter’s son and that he (A) is the last male owner’s sapinda. B files a document in which A admits that B to be the daughter’s son of the last
Who can Make Admissions?
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
- A party to the proceeding (Civil or Criminal) (S. 18); or
- An agent authorized by such party (S. 18); or
- A Party suing or being sued in a representative character making admission while holding such character (S. 18); or
- A person who has a proprietary or pecuniary interest in the subject matter of the suit during the continuance of such interest (S. 18); or
- 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 (S. 18); or
- 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 (S. 19); or
- A person to whom a party to the suit has expressly referred for information in reference to a matter in dispute (S. 20).
Section 18 IEA:
According to Section 18 of the Indian Evidence Act, 1872 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) 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) 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
A Party to the Proceeding (Civil or Criminal):
Party here means not only those who appear as party in the proceedings but also those who did not appear on record as party but are interested in the subject matter of the suit. But does not include those who are appear as ‘party’ but has no interest in the subject matter of the suit. For example, statement of the guardian is not admission in a suit filed by such guardian for a minor.
In Nagubai v. B. Shama Rao, AIR 1956 SC 593 case, the Court held that what is admitted by a party to be true must be presumed to be true unless the contrary is shown, but before this proposition can be invoked, it must be shown that there is a clear and unambiguous statement by the party such as a will be conclusive unless explained.
In Roopi Bai v. Mahaveer, AIR 1994 Raj 133 para 15 case, the Court held that where defendant merely pleaded ignorance about the facts pleaded in the plaint, it was held to amount to admission unless by necessary implication it amounted to denial of fact.
In Dattatreya Shripati v. Shankar, (1951) 61 Bom LR 792 case, the Court held that an admission made by a party in an earlier suit can be used against him in a later suit, and whether the proceedings are between the same or different parties and whether they are civil or criminal in nature.
In Krishna Mohan v. Bal Krishna Chaturvedi, AIR 2000 All 334 case, the Court held that an admission made by a witness of a party does not bind the party.
Agent Authorized by Such Party:
Statement made by an agent (expressly or impliedly authorized by the principal as his representative) is admissible against their principals if made during the existence of the agency. Point to be noted here that in an admission of an agent in the criminal cases is not admissible except in case of Section 30 where both the agent and the principal are jointly tried for the same offence. Admission made by pleaders, attorneys and counsels on the matter of fact, not on the matter on law is binding to the client. It is to be noted that the parties’ attorneys and advocates are also treated as agents and they can bind their clients by admission in civil cases.
In Govindji v. Chotalal, (1900) 2 Bom LR 651 case, the Court observed that to bind principal by his admission, the agent must be regarded by the Court to have had expressed or implied authority to act on behalf of principal. In the same case the Court held that the admissions made by an advocate bind the client on questions of fact but not of law.
A Party suing or being sued in a representative character making admission while holding such character:
Statement made by the trustee, executor, administrator or the like are admissible in this clause as admissions of the representatives in the particular capacities. If the statements made before or after the incumbency it is not admissible. For example, Statement made by trustee before acquiring trusteeship and after relinquishing trusteeship are not admissions but statements made during trusteeship regarding the trust are considered admissions.
In Nagaya Sami v. Kochadai, AIR 1969 Mad 329 case, the Court held that where a father or other managing member makes an admission while acting on the behalf of the family for protecting the interest of the family or for acquiring properties for the family, he does so on its own behalf and on behalf of his members of family, and that in representative capacity it binds all the members of family. But If it does so in furtherance of his own interest such admission can not bind his family members.
A person who has a proprietary or pecuniary interest in the subject matter of the suit during the continuance of such interest:
Where a joint interest exists, admission of the one is the admission of the other, if it is made during the continuance of such interest. Persons with proprietary or pecuniary interest include co-owners or joint owners property in the subject matter of the suit.
In Dan v. Browne, 4 Comen 483 case, the Court stated the principle of this section as: “When several persons are jointly interested in the subject matter of the suit, an admission of any of these person is receivable not only against himself but also against the other defendant, whether they be all jointly or sued, provide that the admission relates to the subject matter of the dispute, and be made by the declarant in his character of a person jointly interested with the party against whom the evidence is tendered”.
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:
Statements made either by parties interested or by persons from whom the parties to suit have derived their interest are admissible only if they are made during the continuance of the interest of the person making the statement. Thus, statement of one person is binding upon the other only when later derives his title through the former.
Persons with derivative interest are of three kinds:
- By privity in Law: e.g., relation between the executor or administrator of a will and the legatees and heirs;
- By privity of blood: e.g., relation between a person and his descendants and ascendants; and
- By privity of estates: e.g. relation established due to contract or deed like transferor and transferee of property.
Example 1: A is an owner of the house and possession of it. He makes an statement that he has mortgaged the house to B for rupees 1000/-. Afterwards A sells the house to C. B files a suit to recover the Rs 1000/- form the sale of the house. C, contended that house was never hypothecated to B. Here B can prove the statement of A as admission against C, because C derive his interest form the A and such statement was made against his own interest.
Example 2: In case where A admits in judicial proceeding that his deceased brother’s widow adopted a son C and he(C) is entitled to the property left by his brother. After the death of the widow of the deceased brother A’s son filed a suit for a declaration that his uncle died no son and that he is the reversions. At the trial C tried to prove the admission of the A. but admission of A is not binding because A’s son is claiming their own right not through their father (Gopal singh v Hukum Singh AIR 1959 all 644)
In Kheman Kuree v. Choedhrain v. Gour Chunder Mojoomdar, (1866) 5 WR 2678 case, the Court held that the admissions of a former owner of property, after he had ceased to have any interest in it, are not evidence against the party in possession.
Section 119 and 120 IEA:
Statement made by the strangers under Sections 19 and 20 is an exception to the general rule of Section 18 that admission can be made by the parties to the suits or their representatives. Under these sections third parties who do not have any direct connection with the matter in this suit.
Section 119 IEA:
According to Section 19 of the Indian Evidence Act, 1872 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 them, and if they are made whilst the person making them occupies such position or is subject to such liability.
Illustration:
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 owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.
A and B are jointly liable for a sum of money to C. C brings an action against A alone. A objects that he cannot singly or severely be liable and that B should be joined as co-defendant by being jointly liable. An admission by B to his joint liability is relevant between A and C.
Section 120 IEA:
According to Section 120 of the Indian Evidence Act, 1872statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.
Illustration:
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.
This illustration is from the case Williams v. Innzs, (1805) 1 Camp 364 where the judge remarked “ if a man refers another upon any particular business to a third person, he is bound by what this third person says or does concerning it as much as if that had been said or done by himself”.
Under this Section there are three parties concerned with dispute. The party who refers the matter, the opposite party, and party to whom the reference is made, for information. The party who refers the matter would be presumed to undertake the opinion or the information of the referee as his own. There must be expressed reference for information.
When a party refers to a third party for some information or some opinion on a matter in dispute the statement of the third person is admissible as an admission against the party referring. For example if A says to B “I will pay Rs 200/- to you if C says I owe it to you” on reference C says “ a owes Rs 200 to B”. This statement of C is admission against A is admission.
Conclusion:
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
- A party to the proceeding (Civil or Criminal) (S. 18); or
- An agent authorized by such party (S. 18); or
- A Party suing or being sued in a representative character making admission while holding such character (S. 18); or
- A person who has a proprietary or pecuniary interest in the subject matter of the suit during the continuance of such interest (S. 18); or
- 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 (S. 18); or
- 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 (S. 19); or
- A person to whom a party to the suit has expressly referred for information in reference to a matter in dispute (S. 20).