Statements made by 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 authorized by him to make them, are admissions.
By suitor in representative character — Statements made by parties to suits, suing or sued in a representative character, are not admissions, unless they are made while the party making them held that character.
Statements made by –
- By party interested in subject-matter—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
- By person from whom interest derived- 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.
Simplified Explanation
Section 18 of the Indian Evidence Act, 1872 expands on the definition of admissions by specifying the circumstances under which admissions made by certain individuals are relevant in legal proceedings. It identifies who can make an admission that is admissible in court, focusing on parties to the proceeding or their agents.
Text of Section 18:
“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 authorized by him to make them, are admissions.
By suitor in representative character.— Statements made by 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.
Statements made by— (1) party interested in subject-matter; (2) person from whom interest derived.— Persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and 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.”
Explanation:
- Admissions by a Party to the Proceeding:
- A statement made by a party involved in the legal proceeding is considered an admission if it is related to the facts in issue or relevant facts.
- For example, if a person involved in a lawsuit makes a statement acknowledging their responsibility or fault, this statement can be used as evidence against them.
- Admissions by an Agent:
- If a statement is made by an agent of a party, it is considered an admission if the agent was authorized (expressly or impliedly) to make such statements on behalf of the party.
- The court must determine whether the agent had the authority to make the statement. This could include legal representatives, employees, or others acting on behalf of the party.
- Representative Character:
- When a person is suing or being sued in a representative capacity (such as a trustee or executor), their statements are only admissions if made while they held that representative character.
- If the statement was made before or after holding that character, it does not count as an admission.
- Persons with Interest in the Subject-Matter:
- Statements made by persons who have a proprietary or pecuniary interest in the subject matter of the proceeding are also considered admissions if the statements are made while their interest continues.
- Additionally, statements made by persons from whom the current party has derived their interest in the subject matter (such as a previous owner of property) are admissions if made while they held that interest.
Example:
Imagine a case where a person, A, is suing B for damages caused by a breach of contract.
- Admission by a Party to the Proceeding:
- If B says, “I know I didn’t fulfill the contract terms, and I’m willing to settle this out of court,” this statement made by B is an admission that can be used as evidence against B in the lawsuit.
- Admission by an Agent:
- If B’s authorized representative, C, who is handling the contract on behalf of B, sends an email to A stating, “We acknowledge that there was a failure to meet the contract requirements,” this statement can be treated as an admission by B, since C was acting as B’s agent.
- Representative Character:
- Suppose B is the executor of an estate and is being sued in that capacity. If B made a statement about the estate’s liability before becoming the executor, this statement would not be considered an admission under Section 18. However, if the statement was made while B was the executor, it could be used as an admission.
- Person with Interest in the Subject-Matter:
- If B had purchased a piece of property from C, and C had earlier admitted that there were unresolved disputes over the property’s ownership, this admission by C could be relevant in a current dispute involving B, as C had an interest in the property at the time of making the statement.
Significance:
Section 18 is significant because it establishes who can make statements that are considered admissions and therefore admissible as evidence in court. By including agents and individuals with a direct interest in the subject matter, the section broadens the scope of what can be considered an admission. This helps in determining the truth of the matters in dispute, ensuring that relevant statements made by authorized persons or those with vested interests are taken into account during legal proceedings.
