ho mdau) Eviteceo Act, 1872

Section 31 explains that "admissions are not conclusive proof, but may estop"
Sece

MEANING:

an acknowledgment (admission of error, admission that he was wrong)

admission. (n)
An "Admission'
is statement of fact which waives or dispenses with the
a production of evidence by
ted by the opponent is true. Admissions are admitted, because the conduct
conceding that the facta which
in to the matter in dispute, whether by acts, speech or writing,
of a party to proceeding, respect
a
the issue.
is clearly inconsistent with the truth of his contention, is a fact relevant to
DEFINITION: Section 17 defines "Admissions"
or contained in electronictorm,
Sec.17. Admission defined.- An admission is a statement, oral or documentary and
whfch suggests any inference as to any fact in issue or relevant fact, and which
is made by any of the persons,
under tne circumstances, hereinafter mentioned.
IMPORTANT POINTS:

A. INGREDIENTS:

as to any fact in issue or relevant

1 An admission is a statement which suggests any inference
fact.
It must be made of the persons prescribed by the Act.
by any
2
It must also be made under the circumstances prescribed by the Act.
3.
electronic form have been inserted
4 It may be oral or documentary or electronic form. The words
w.e.f. 17-10-2000.
in Section 17, Evidence Act, by the Information Technology Act, 2000,
5. Admissions of fact only bind persons making them. The admission of law is not contemplated by
the Chapter of Admissions

6 Admissions must be taken as a whole.

7. Section 17 defines "admissions". However, the definition is not complete. The phrase "underthe
circumstances hereinafter mentioned" in Section 17 signifies that the provisions of Section 17
shall have to be read with other provisions of this Chapter. Especially Sections 18 to 20 provide
further provis.ons to elaborate the meaning and concept of "admission".
8. Statement is a genus, admission is the species and confession is the sub-species. A statement,
whether communicated or not, admitting guilt amounts to a confession of guilt. Admissions and
confessions are exceptions to the hearsay rule.
9. Exception to hearsay: The law of admissions is an exception to the rule of hearsay
B. PERSONS WHO CAN MAKE ADMISSION: Section 18 explains about the "Persons who can
make admissions". Section 18 runs as thus.
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 maké 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) 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.

Important points on Section 18:

(a) INGREDIENTS: The following persons can make the admissions
1. statements made by a party to the proceeding
2. statements made by an agent to any such party, whom the Court recognised as an agent of
such party
3statement by representative character
suitor in
4. statement by party interested in subject-matter,
5. statement by person from whom interest derived.
 IMPORTANT POINTS ON SEC. 21:
acknowledgment made by a
of admissions: An admission is concession or voluntary
(A) Kinds existence of certain facts
which are in issue
identified with him in legal interest of the
party or someone evidence consIsts in
The predominant characteristic of this type of
or relevant to an issue in the case. Extra-Judicial
admissions Judicial Admissions and
character. There are two kinds of
its binding
Admissions.
the proceedings of the case
admissions made by a party during
Judicial admissions are formal constitute a waiver
on the party that
makes them. They
These being made in the case are fully binding
of proof. They can be made the foundation of
the rights of the parties.
These
appearing on the record of the
case.
not
Extra-Judicial admissions are informal admissions
admissions, however, they are binding
also bind the party against whom they are set up. Unlike judicial in
cases where they operate as
or have the effect of estoppel
oniy partially and not fully, except in
foundation of the rights of the parties
wnicn case again they are fully binding and may constitute the

(B) Essentials: An admissicn must be,-

() clear,
(i) precise,
(1) not vague, or

iv) not ambiguous.

(C) Partnership firms, Private Limited Companies, Public Limited Companies: Every partnership
firm has to submit certain statutory forms before the Registrar of Firms. In the same way, every
company, whether private or public, has to file several statutory forms
from time to time before the
Registrarof A partner or a director, is authorised to sign on such forms and statements.
Companies.
All the partners of the firm and all the executive members of the company, including the authorised
person making the statements, are bound over by such forms and statements.
(D) Exculpatory matters: Where an accused makes a statement, the exculpatory matters are
admissible within the meaning of admissions under Section 21. However, inculpatory matter is not
admissible.

(E) An admission made in one case cannot bind the maker in another case. However, if the subject
matter is one and the parties are tne same, then an admission made in one case can bind the maker
in the subsequent case
(F) A statement containing admission must be taken as a whole.
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