03. Evidence Act 17-35

Delhi Law Academy

                                                                     Indian  Evidence  Act                                          

Section 17                   Admission defined

  • 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
      • which is made by specified persons under specified circumstances

 

Section 18                   Admission by party to proceeding or his agent

  • Statements made by party to proceeding
  • or by an agent to any such party
    • whom Court regards as expressly or impliedly authorized to make them
  • are admissions

 

Section 19                   Persons whose position must be proved

  • Statements made by persons
    • whose position or liability it is necessary to prove as against any party to 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
  • 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

 

Section 20                   Persons expressly referred to by party to suit

  • Statements made by persons
    • to whom party to 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, he knows all about it“
  • C’s statement is an admission

 

Section 21                   Proof of admissions against persons making them

  • 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 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 u/s 32

(2)

  • An admission may be proved by or on behalf of the person making it
    • when it consists of a statement of 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

 

Illustration (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

 

Illustration (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 ordinary course of his business
    • showing observations taken by him from day to day
    • 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, u/s 32 clause (2)

 

Section 22                   Oral admissions as to contents of documents

  • Oral admissions as to contents of a document
  • are not relevant
    • unless party proposing to prove them shows that
      • he is entitled to give secondary evidence of the contents
    • or unless genuineness of a document produced is in question

 

Section 24                   Confession caused by inducement, threat or promise

  • A confession made by an accused person
  • is irrelevant in a criminal proceeding
    • if the confession was caused by any inducement, threat for promise
      • having reference to the charge against the accused person
    • proceeding from a person in authority
    • sufficient to give the accused person reasonable grounds for supposing that
      • by making it he would gain an advantage or avoid an evil of temporal nature
      • in reference to the proceedings against him

 

Section 25                   Confession to police officer not to be proved

  • No confession made to a police officer
    • shall be proved
    • as against a person accused of any offence

 

Section 26                  Confession while in custody of police

  • No confession made by any person
  • whilst he is in the custody of a police officer
    • unless it be made in immediate presence of a Magistrate
  • shall be proved as against such person

 

Section 27                   Information received from accused, proved

  • Provided that when any fact is deposed to as discovered
    • in consequence of information
    • received from a person accused of any offence in 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

 

Section 28                   Confession made after removal of ITP

  • If a confession referred in section 24 is made
    • after impression caused by inducement, threat or promise has been fully removed
  • it is relevant

 

Section 29                   Confession under promise of secrecy, etc.

  • If 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 practiced on the accused for obtaining it
    • when he was drunk or
    • in answer to questions which he need not have answered 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

 

Section 30                   Confession affecting others jointly under trial

  • 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
  • Court may take into consideration such confession
    • as against such other person
    • as well as against the person making it

 

Explanation

  • Offence” as used in this section includes
    • abetment of offence or attempt to commit the offence

Illustration (a)

  • A and B are jointly tried for murder of C
  • It is proved that A said
    • ” B and I murdered C”
  • Court may consider the effect of this confession as against B

Illustration (b)

  • A is on his trial for murder of C
  • There is evidence to show that
    • C was murdered by A and B
    • and B said—”A and I murdered C”
  • This statement may not be taken into consideration against A
    • as B is not being jointly tried

 

Section 31                   Admission not conclusive proof, but may estop

  • Admissions are not conclusive proof of the matters admitted
    • but they may operate as estoppels
      • under provisions hereinafter contained

 

Section 32                   Statement by person who is dead or cannot be found

  • Statements, written or verbal, on relevant facts made by a person
    • who is dead
    • who cannot be found
    • who has become incapable of giving evidence
    • whose attendance cannot be procured without unreasonable delay or expenses
  • are themselves relevant facts in following cases:

(1) When it relates to cause of death

  • When the statement is made by a person
    • as to the cause of his death
    • as to any circumstances of the transaction which resulted in his death
  • in cases in which cause of that person’s death comes into question
  • Such statements are relevant
    • whether the person who made them was or was not under expectation of death
      • at the time when they were made
    • and whatever may be the nature of proceeding
      • in which cause of his death comes into question

 

(2) When it is made in course of business

  • When the statement was made by such person
    • in ordinary course of business

Particular instances:

  • When the statement consists
    • of an entry or memorandum made by him
      • in books kept in ordinary course of business
      • or in discharge of professional duty
    • or of an acknowledgement written or signed by him
      • of receipt of money, goods, securities or property of any kind
    • or of a document used in commerce
      • written or signed by him
    • or of date of a letter or other document
      • usually dated, written or signed by him

 

Illustration (a)

  • The question is
    • whether A was murdered by B
  • The question is
    • whether she was ravished by B
    • where A died of injuries received in a transaction in the course of which she was ravished
  • The question is
    • whether A was killed by B
    • under circumstances that a suit would lie against B by A’ widow
  • Statements made by A as to the cause of his or her death
    • referring respectively to the murder, the rape and the actionable wrong
    • are relevant facts

 

Illustration (b)

  • The question is
    • as to the date of A’s birth
  • An entry in the diary of a deceased surgeon
    • regularly kept in the course of business
    • stating that on a given day he attended A’s mother and delivered her of a son
  • is a relevant fact

 

Illustration (c)

  • The question is
    • whether A was in Calcutta on a given day
  • Statement in the diary of a deceased solicitor
    • regularly kept in the course of business
    • that on a given day the solicitor attended A at a place mentioned, in Calcutta
    • for conferring with him upon specified business
  • is a relevant fact

 

Section 33                   Relevancy of evidence in subsequent proceeding

  • Evidence given by a witness in a judicial proceeding
    • or before any person authorized by law to take it
  • is relevant
    • in a subsequent judicial proceeding
    • or in a later stage of the same judicial proceeding
  • for proving truth of the facts which it states
  • when the witness is dead
    • or cannot be found
    • or is incapable of giving evidence
    • or is kept out of the way by the adverse party
    • or if his presence cannot be obtained without unreasonable delay or expense
  • Provided that
    • proceeding was between the same parties or their representatives in interest
    • the adverse party in the first proceeding had the right and opportunity to cross- examine
    • the questions in issue were substantially the same in the first as in the second proceeding

 

Explanation

  • A criminal trial or inquiry shall be deemed
    • to be a proceeding between the prosecutor and the accused

 

Section 34                   Entries in books of account when relevant

  • Entries in the books of account
    • including those maintained in an electronic form
    • regularly kept in the course of business
  • are relevant
    • but such statements shall not alone be sufficient evidence
      • to charge any person with liability

Illustration

  • A sues B for Rs. 1,000
    • and shows entries in his account- books
    • showing B to be indebted to him to this amount
  • The entries are relevant
    • but are not sufficient, without other evidence, to prove the debt


Section 35                   Entry in public record, in performance of duty

  • An entry in any public or official book, register or record
    • stating a fact in issue or relevant fact
      • made by a public servant in discharge of his official duty
    • is itself a relevant fact