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.
Simplified Explanation
Section 17 of the Indian Evidence Act, 1872 defines what constitutes an “admission.” An admission is a statement, oral or written, which suggests any inference as to any fact in issue or relevant fact, made by a party to the proceeding or by someone connected with the party under certain conditions. Admissions are important in legal proceedings because they can be used as evidence against the party making them.
Text of Section 17:
“An admission is a statement, oral or documentary, 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.”
Explanation:
- Statement: An admission can be either an oral statement or a written document. It can also be implied through conduct, where the actions of a person indicate an acknowledgment of a fact.
- Inference as to Fact in Issue or Relevant Fact: The statement must relate to a fact that is directly in issue or a fact that is relevant to the case. The admission must suggest an inference regarding these facts.
- Made by Certain Persons: The admission must be made by:
- A party to the proceeding.
- An agent authorized by the party.
- A person whose position or liability is relevant to the case, such as someone who stands in a fiduciary relationship with the party.
- A person from whom the party derives their title or interest, in cases concerning property rights.
- A person whose statement is expressly referred to by the party in a legal document or proceeding.
Example:
Imagine a case where a person, A, is suing B for breach of contract, claiming that B did not deliver goods as agreed.
- Fact in Issue: Whether B failed to deliver the goods as per the contract.
- Relevant Admission:
- Oral Admission: During a conversation with A, B states, “I’m sorry I couldn’t deliver the goods on time.” This oral statement can be an admission that B acknowledges their failure to fulfill the contractual obligation.
- Written Admission: If B sends an email to A stating, “I admit that the delivery was delayed due to my oversight,” this email would be a documentary admission of the breach of contract.
- Implied Admission: Suppose B had initially denied the breach, but later, B sends a letter offering to pay compensation for the delay. This conduct can be considered an implied admission of the breach, as it suggests that B recognizes their failure to deliver on time.
Significance:
Section 17 is significant because admissions can be powerful evidence in legal proceedings. They often simplify the matters in dispute, as they are acknowledgments by the party itself regarding the facts in issue or relevant facts. Admissions can be used against the party making them, thereby helping to establish the truth or falsity of the claims being litigated. However, while admissions are relevant, they are not conclusive proof and can be rebutted by other evidence.
