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
- oral or documentary or contained in electronic form
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
- if such statements would be relevant as against such persons
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
- and may be proved
- 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
- when it is of such a nature that
(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
- when it consists of a statement of existence of any state of mind or body, relevant or in issue
(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
- unless party proposing to prove them shows that
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
- if the confession was caused by any inducement, threat for promise
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
- but they may operate as estoppels
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
- whether the person who made them was or was not under expectation of death
(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
- of an entry or memorandum made 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
- but such statements shall not alone be sufficient evidence
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
- stating a fact in issue or relevant fact