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1The Evidence Act, 1872

( ACT NO. I OF 1872 )

Chapter II

ADMISSIONS

Admission defined

17. An admission is a statement, oral or documentary 2[or contained in digital record], 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.

Admission -by party to proceeding or his agent;
18. 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 make them, are admissions.
by suit or 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.
by party interested in subject-matter;
Statements made by–
 
 
(1) 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
by person from whom interest derived
(2) 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

19. 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.

 
 

Illustrations

 
 

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.

Admissions by persons expressly referred to by party to suit

20. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions.

 
 

Illustrations

 
 

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.

Proof of admissions, against persons making them, and by or on their behalf

21. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not 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 third persons under section 32.

 
 

(2) An admission may be proved by or on behalf of the person making it, when it consists of 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 a 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 can 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 statements, 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 Chittagong.

 
 

He produces a letter written by himself and dated at 3[Dhaka] on that day and bearing the 4[Dhaka] 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 offers 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 skilful person to examine the coin as he doubted whether it was counterfeit or not, and that that person did examine it and told him it was genuine.

 
 

A may prove these facts for the reasons stated in the last preceding illustration.

When oral admissions as to contents of documents are relevant
22. Oral admissions as to the contents of a document are not relevant, unless and until that the party proposing to prove 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 digital records are relevant

5[22A. Oral admissions as to the contents of digital records are not relevant, unless the genuineness of the digital record produced is in question.]

Admissions in civil cases when relevant

23. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.

 
 

Explanation.–Nothing in this  section shall be taken to exempt any 6[Advocate] from giving evidence of any matter of which he may be compelled to give evidence under section 126.

Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
24. A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him.
Confession to police-officer not to be proved
25. No confession made to a police-officer shall be proved as against a person accused of any offence.
Confession by accused while in custody of police not to be proved against him
26. No confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
 
 
Explanation.– In this section "Magistrate" does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 7[1898].
How much of information received from accused may be proved
27. Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
Confession made after removal of impression caused by inducement, threat or promise, relevant
28. If such a confession as is referred to in section 24 is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
29. If such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
Consideration of proved confession affecting person making it and others jointly under trial for same offence

30. When more persons than one are being tried jointly for the same offence, 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 persons as well as against the person who makes such confession.

 
 

Explanation.-"Offence", as used in this section, includes the abatement of, or attempt to commit, the offence.

 
 

Illustrations

 
 

(a) A and B are jointly tried for the murder of C. It is proved that A said-"B and I murdered C." The Court may consider the effect of this confession as against B.

 
 

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said- "A and I murdered C".

 
 

This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.

Admissions not conclusive proof, but may be stop
31. Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.

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Ministry of Law, Justice and Parliamentary Affairs