Admission

Section 17, 18, 19 and 20 of Indian Evidence Act ,1872 taken together defines “admission”. Section 17 lays down those statements, oral or documentary, which suggest any interference to any fact in issue or relevant fact made by admissions. The definition of the term ‘admission’ as used in the Indian Evidence Act will be clear by reading all these four sections together. If all these sections were to be written in one sentence, they would read as follows-:

An admission is a statement oral or documentary or contained in electronic form which suggests any interference as to any fact in issue or relevant fact and is made by:

  1. A party to the proceeding;
  2. An agent to any party whom the court regards under the circumstances of the case, as expressly or impliedly authorised by him (the party) to make them
  3. Parties to suits, suing or being sued in representative capacity if the party making the statement held that representative capacity while making the statement.
  4. Persons who have proprietary or pecuniary interest in the subject- matter of proceeding and who make the statement in their character of persons so interested and also if the statements are made during the continuance of the interest of the person making the statements.
  5. Persons from whom the parties to the suit have derived their interest in the subject – matter of the suit, if the statements are made during the continuance of the interest of the persons making the statement.
  6. Persons whose position and liability it is necessary to prove as against any party to the suit, if such statements would be relevant as against such persons making the statement in relation to such position or liability in a suit brought by or against them and if such statements are made while the person making them occupies such position or is subject to such liability
  7. Persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute.

According to the definition given above, the statements of parties to the suits or proceedings and also of persons who are not parties to such suits or proceedings, i.e., of strangers are admissions if they are made under the circumstances mentioned above and suggest any interference as to any fact in issue or relevant fact.

The statement of person making admission should be read completely and the statement drawn from reference cannot form admission.

Reference:

  1. The Indian Evidence Act – Batuk Lal – Central Law Agency
  2. https://www.lawinsider.in

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

 

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