Introduction 

• The provisions related to Judgments of Court when Relevant are covered under Part II of Bhartiya Sakshya Adhiniyam, 2023 (BSA). 
• Section 15 to Section 21 of BSA covers all the provisions related to admissions under BSA. 

Admission 

• Admission plays a very important role in judicial proceedings. If one party to the suit or any other proceeding proves that the other party has admitted his case, the work of court becomes easier.  
• The expression 'Admission' means "Voluntarily acknowledgment of the existence or truth of a particular fact".  
• In BSA, the term 'Admission' has not been used in this wider sense.  It deals with admissions by statements only oral or written or contained in an electronic form.  But an Admission must be clear, precise and not vague or ambiguous. 

Definition of Admission 

• Admission is defined under Section 15 of BSA as a statement made by witnesses which shows inference to any fact in issue or relevant fact in a case.   
• According to Section 15, admission can be in the form of a document, oral statement or may be contained in an electronic form. 

Parties who can Make the Admissions 

According to Section 16 of BSA, the following parties can make admissions: 

• Admission by Parties to Proceeding: 
  • The term ‘parties’ not only means the persons who appear on the record in that capacity but also includes those persons who are parties to a suit without appearing.  
  • Persons who have an interest in the subject matter of the suit but are not parties on the record are also considered as parties in the proceedings and their statements.  
• Admission by Agent: 
  • The statements made by an agent in a suit would be admissible as against the person he is representing.   
  • The statements made by an agent are, however, binding only when they are made during the continuation of his agency.  
• Statements made in Representative Character: 
  • When a person such as trustees, administrators, executors etc., sue or are sued in a representative character.  
  • Any statement made by them will only be admissible if made in their representative character. Any declarations made by them in their personal capacity will not be taken as an admission.  
• Persons interested in the Subject-matter: 
  • In any such suit where several persons are interested jointly in the subject-matter of the suit, then any admission made by anyone of the parties will be taken as an admission against himself as well as the other parties jointly interested in the subject matter.  
• Persons from whom the Parties derive Interest: 
  • Any statement made by the predecessor-in-title from whom the party to the suit derives his title will be admissible.   
  • But this will only be held as an admission if the predecessor-in-title made the declaration while still holding the title and not after the title has been transferred.  
  • The statement made by the former owner will not be considered as an admission as against the parties if it was made title has been passed.  

Section 17-18 of BSA 

• Section 17-18 of BSA provides an exception to the general rule that is mentioned under Section 16.  
• Section 17 and Section 18 are exceptions to the general rule laid down in Section 16. Under this section the parties to the proceeding may use the statement of a third person.  
• If the statement of third person contained an admission against his own interest and could have been used against him if he sued or was sued in connection with matter involving the position or liability affected by that admission.  

Admissions by Persons whose Position must be proved as against party to suit: (Section 17)  

• This section of BSA as in general it refers to third party who makes statement against himself when it affects his position.   
• It is taken under admission only when the position is proved as against the party to the suit and the third party still exists at the time of the suit.  
• 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 owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B.  

Admissions by Persons Expressly referred to by Party to Suit: (Section 18) 

• Section 18 of BSA states the admissions made by any person expressly referred to by party to suit.   
• This section states, any statements made by a person to whom a party to the suit has expressly referred for facts in respect to a matter in dispute are referred to as admissions. This section also brings an exception to the general principle of admissions which are made by strangers.    
• Illustration: 
  • The question is whether a horse sold by A to B is sound. A says to B- " Go and ask C, knows all about it" C's statement is an admission. 

Proof of Admissions Against Persons Making Them, and by or on their Behalf (Section 19) 

• Admissions are relevant against the person making it and against his representatives but not otherwise. 
• But there is an exception to this general rule as: 
  • 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 
  • 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 
  • An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. 
• Illustrations: 
  • 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.  
  • 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 Admissions by persons whose position must be proved as against party to suit. Admissions by persons expressly referred to by party to suit. Proof of admissions against persons making them, and by or on their behalf. 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.  
  • A is accused of a crime committed by him in 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 on the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26. 
  • A is accused of receiving stolen goods knowing they were 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.  
  • 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 skillful 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. 

When Oral Admissions as to Contents of Documents are Relevant (Section 20) 

• This section states that oral admissions as to the contents of a document are not relevant. 
• If the party proposing proves that the oral admissions 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. 

Admissions in Civil Cases When Relevant (Section 21) 

• 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. 
• This section is further explained under an explanation as, 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. 

Conclusion  

Admission refers to revealing information or acknowledging guilt. Any party to the proceedings of a matter, their representative, and in some cases third parties as well, may make an admission. Admissions may be voluntary or involuntary. Admissions can either incriminate or exonerate.