Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Part II > Admissions under BSA (Ss. 15 to 25 BSA)
The concept of admissions plays a significant role in legal proceedings, as it helps in establishing facts and reducing the scope of controversy between the parties. The Bharatiya Sakshya Adhiniyam, 2023 provides for the rules governing admissions in civil and criminal cases. Admissions, when made voluntarily and under lawful circumstances, are considered strong pieces of evidence that can influence judicial determinations. This article delves into the concept of admissions under BSA, their evidentiary value, and the judicial interpretations surrounding them.
Strictly speaking, the general principles concerning admission has been dealt with in Sections 15 to 21 and 25, whereas Sections 22 to 24 are also admission, but it is used as confession.
Meaning and Definition of Admission
Section 15 BSA:
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, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.
Thus, 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, and which is made by a party to the proceeding or by any person who is related to the party under specific circumstances described in the Act.
Admissions are primarily considered as statements made by parties to a suit, their agents, or any person having interest in the subject matter of the dispute. The rationale behind considering admissions as evidence is based on the presumption that no person would voluntarily make a statement against their own interest unless it is true.
Essential Ingredients of Admission:
- It is a statement, oral or documentary or contained in electronic form;
- It is a statement which suggests any inference as to any fact in issue or relevant fact;
- It must be made any of the persons mentioned in the Act (Ss. 16 to 18 BSA);
- It is made by any person under the circumstances have been mentioned in the Act;
- It must be taken as a whole;
- The law of Admissions is exceptions to the law of hearsay; and
- Admissions of facts only bind persons making them.
Example:
A, files a suit against B alleging that B is the last male ownerโs daughterโs son and that he (A) is the last male ownerโs sapinda. B files a document in which A admits that B to be the daughterโs son of the last male holder. That document is the admission made by the A.
Types of Admissions
Admissions can be classified into two broad categories:
Judicial Admissions:
The judicial or formal admission is addressed to the court and is the part of the proceeding. It is made on the record in the file of the court. The judicial admission may be made by the party in his pleading, or by stipulation, or by statement or by affidavits in open court. They are binding on the party making them and do not require further proof.
Inย Bishwanath Prasad v Dwarka Prasad, AIRย 1974 SC 117ย case, the Supreme Court opined that โadmissions, if true and clear, are by far the best proof of the fact admitted.โ Admissions as defined in Sections 17 and 20 (Ss. 15 and 18 BSA) and fulfilling requirements of Section 21 (S. 19 BSA) are substantive evidence, propio vigare (of or by its own force independently).
Extra-Judicial Admissions:
The extra-judicial or informal admission is statement of fact made by the party previously in course of life or business which is inconsistent with the facts to be established at the trial. The extrajudicial admissions are called evidential admissions. Thus, extra-judicial or informal admissions are informal admissions made outside the scope of legal proceedings. While they are not conclusive proof, they can be used as evidence against the party making the statement.
Inย Bessela v Stern, (1877), L. R. 2 C. P. D. 265ย case, where the girl said to the boy โyou always promised to marry me and you did not keep your words.โ The boy did not deny the allegation, but he offered her some money. The boyโs silence as to promise was held to be admission.
Difference between Judicial and Extra-Judicial Admissions:
| Judicial Admissions | Extra-Judicial Admissions |
| Judicial admissions are statements made by a party or its counsel during the course of judicial proceedings (i.e., while the case is before a court). These admissions can be made orally or in writing. | Extra-judicial admissions are statements made by a party outside the court or during non-judicial proceedings (i.e., statements not made during the course of a trial). These could be made to other persons, such as in informal conversations, or written statements not intended for court proceedings. |
| These are governed by Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 . | These are covered by Section 17 of the Bharatiya Sakshya Adhiniyam, 2023 . |
| They form part of court records | They do not form court records |
| A judicial admission has the effect of conclusively proving the fact admitted, and the party cannot later dispute or retract the admission. In other words, the court considers it as settled fact, and no further proof is needed. | An extra-judicial admission is not conclusive evidence and can be used as evidence, but it does not automatically prove the facts admitted. It can be considered by the court but may be contested, and its weight depends on the circumstances and credibility of the statement. |
| They are binding on the party making them, and the court is entitled to accept them as proof of the admitted facts without further evidence. | Extra-judicial admissions are not binding on the person making them. They are considered as evidence but do not carry the same conclusiveness as judicial admissions. |
| Examples: A party admits in court that a certain document is genuine, a party in their written statement admits that a certain event took place, etc. ย | Examples: A person admits to a neighbour that they owe money to someone, a party admits a certain fact in a letter but not as part of a judicial proceeding, etc. ย |
Who Can Make Admission
Sections 16 to 18 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the provisions relating to persons to make admissions.
Section 16
Admission by Party to Proceeding or his Agent:
(1) 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 authorised by him to make them, are admissions.
(2) Statements made byโ
(i) 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; or
(ii) (a) 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
(ii) (b) 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.
Thus, under Section 17 BSA, an admission is relevant if is made by,
- A partyย to the proceeding (Civil or Criminal); or
- An agent authorized by such party; or
- A Partyย suing or being sued in a representative character making admission while holding such character; or
- A person who has a proprietary interest in the subject matter of the suit during the continuance of such interest; or
- A personย from whom the parties to the suit have derived their interest in the subject-matter of the suit during the continuance of such interest.
Section 17:
Admissions by Persons whose Position Must be Proved as Against Party to Suit:
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.
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. 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.
Thus, under Section 17 BSA, an admission is relevant, if it is made by a person whose position is it necessary to prove in a suit, if such statements would be relevant in a suit brought by or against himself.
Section 18:
Admissions by Persons Expressly Referred to by Party to Suit:
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.
Illustration:
The question is, whether a horse sold by A to B is sound. A says to Bโ โGo and ask C, C knows all about itโ. Cโs statement is an admission
Thus, under Section 19 BSA, an admission is relevant, if a person to whom a party to the suit has expressly referred for information in reference to a matter in dispute.
Proof of Admissions Against the Person Making Them
Section 19:
Proof of Admissions against Persons Making Them, and by or on Their Behalf:
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 the following cases, namely:โ
(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 26;
(2) an admission may be proved by or on behalf of the person making it, when it consists of a 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 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 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 clause (b) of section 26.
(c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai 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 clause (b) of section 26.
(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 currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts.
Section 19 BSA deals with the proof of admissions against persons making them, and by or on their behalf. This section brings forth general principles of admission that admissions made are relevant and may be proved against the person who makes the admission and his representative in interest. Admission should be clear if they are used against the person making them. What a party himself admits to be true may reasonably be presumed be to so and until that presumption is rebutted the fact admitted should be taken to be established. The person against whom admission is proved is at liberty to show it was untrue. Any self-serving statement made under this section would be considered irrelevant unless it falls under the ambit of general exception as provided. Thus, this section provides that admissions are relevant and may be used against the person who made them. However, admissions are not conclusive proof of a fact and can be disproved unless they amount to an estoppel.
Oral Admissions as to the Contents of Documents
Section 20:
When Oral Admissions as to Contents of Documents are Relevant:
Oral admissions as to the contents of a document are not relevant, unless and until 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.
Section 20 of the Act, provides that oral evidence as to contents of documents is inadmissible unless party proposing to give such evidence can make out a case for admission of secondary admission under sec 60 or genuineness of a document produced is in question.
Admissions in Civil Cases when Relevant
Section 21:
Admissions in Civil Cases when Relevant:
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 advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.
In civil cases, admissions are not relevant unless they are made with the express intention of waiving the right to challenge them later.
Relevancy of Admission:
The admission is relevant on the following reasons:
Admissions as waiver of proof:
If a party has admitted a fact, it dispenses with the necessity of proving the fact against him. It operates as a waiver of proof. An admission, as an admission is not conclusive against the person making it, but it may operate as an estoppel under section 121 of the Bharatiya Sakshya Adhiniyam, 2023.
In Queen Empress v. Tribhovandas Manekchand, (1885) ILR 9 Bom 131 case, the Court held that a confession which is inadmissible in a criminal proceeding may be used as an admission in a civil proceeding.
Admissions as statement against interest:
It is natural for a man to make statement in his favour. An admission, being a statement against the interest of the maker should be supposed to be true, for it is highly improbable that a person will voluntarily make false statement against his own interest.
Admissions as evidence of contradictory statements:
Where there is contraction between the statements of the party and his case, the contradiction is relevant. For example, A sues B upon a loan. The account book shows that the loan was given to C. The statement in his Account Book contradicts his case against B.
Admissions as evidence of truth:
The statements made by the party about the facts of the case, whether they may go in his favour or against his interest, should be relevant as representation or reflecting the truth as against him. Whatever a party says in evidence against himself may be presumed to be so.
Evidentiary Value of Admission:
Admissions are considered an important piece of evidence, but their weight and reliability depend on various factors. The evidentiary value of admissions can be analyzed as follows:
According to Section 25 of the Bharatiya Sakshya Adhiniyam, 2023 admissions are not conclusive proof of the matters admitted but they operate as estoppels under the provisions herein contained.
Admissions under Bharatiya Sakshya Adhiniyam, 2023 (sec 15-21) are only piece of evidence. They are not conclusive proof of the fact admitted but they operate as estoppel under sec 121-123 of the Bharatiya Sakshya Adhiniyam, 2023.
Relevancy of Admission in Civil Suits:
According to Section 21ย of the Bharatiya Sakshya Adhiniyam, 2023, in civil cases no admission is relevant, if it is made:
- upon an express condition that evidence of it is not to be given.
- under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Relevancy of Admissions in Criminal Cases
Admissions in criminal cases hold special significance, but they are subject to stricter scrutiny than in civil cases.
- Confessions vs. Admissions: In criminal law, admissions that amount to confessions are subject to Sections 22-24 of the Bharatiya Sakshya Adhiniyam, 2023. While admissions can be used as evidence, confessions that are obtained through coercion, inducement, or threat are inadmissible.
- Use Against Co-Accused: Under Section 24, a confession made by one accused person can be used against another accused if they are being tried together for the same offense.
Conclusion
Admissions under the Bharatiya Sakshya Adhiniyam, 2023, serve as a crucial evidentiary tool in legal proceedings. They help in reducing litigation complexities by narrowing down issues in dispute. However, while judicial admissions are binding and need no further proof, extra-judicial admissions require corroboration. The law recognizes the importance of voluntary admissions while ensuring that coerced or involuntary statements do not become the basis for injustice. The judicial precedents and statutory framework governing admissions play a vital role in ensuring that justice is served based on reliable and fair evidence.
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