03. Evidence Act 17-35 - Delhi Law Academy

DLA’s Advanced Study Material Indian Evidence Act 03. Evidence Act 17-35

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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

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