Report No. 69

Chapter 9

Admissions and Confessions

Section 17

9.1. Introductory.-

Sections 17 to 31, which we shall now proceed to consider, deal with admissions in general, and more elaborately with a particular species of admissions, namely, confessions. Although, in popular language, the expression "admission" is used to connote a statement against one's interests, that is not 'the meaning given to it in the Act. Nor is the expression, as defined, confined to civil cases.1

1. Para. 9.18, infra.

9.2. Definition.-

An admission has been so defined as to cover, inter alia, any statement by a party, and it is not necessary that at the time when a statement was made, the statement was against the interests of the person making it.

9.3. Some fundamental points.-

A few fundamental points may be noted at the outset. First, as already stated, admissions as dealt with in these provisions are not confined to civil cases. This is clear from the definition given ini section 17, and also from the reported cases.1-2

Secondly, admissions by way of conduct are not dealt with, in the relevant sections, they having been already covered by section 8.

1. (a) Sahoo, AIR 1966 SC 46;

(b) Bishen Das, 1915 PB No. 106 of 1915 (Civil);

(c) Azimuddin, 1926 ILR 54 Cal 237.

2. See infra para. 9.18.

9.4. Thirdly, admissions constitute an exception to the rule against hearsay.

9.5. Juristically, therefore, the importance of sections 17 to 31 lies in their covering all kinds of proceedings, and in making statements by the parties and other specified persons relevant, thereby creating an exception to the rule against hearsay. At the same time, it is made clear1 that admissions are not conclusive proof of the matters admitted; but they may operate as estoppel under the provisions hereinafter contained.

1. Section 31.

9.6. Principle.-

The principle on which these sections are based is that what a person states, may be presumed to be true as against himself. The general rule, therefore, is that an admission can be given in evidence against the party making it,1 and not against any other party.2 In other words, they are admitted if tendered by the opponent. In this sense, they are adverse to the maker of the statement.

1. Whitely (in re:), 1891 LR 1 Ch 558 (563, 564).

2. Stanton v. Percival, 5 House of Lords Cases 273.

9.7. Justification.-

Admissions are admissible even though, when made, they were not against the party's interests,1 and even though the party did not have personal knowledge of the fact which he admits. Of course, he can show that he was mistaken-section 31. The justification for regarding them as relevant lies in his-that a party cannot be heard to say that his own statements should have been subjected to the usual tests of truth-oath and cross-examination. This is the round for departure from the general rule against hearsay.

1. Falcon v. Famous Players Film Co., (1926) 2 KB 474 (489).

9.8. Identity of Interest.-

It may be noted that the rule permitting admissions to be given in evidence takes in statements not only of parties, but also of persons who have, what may be called, an "identity of interest" with a party. It is for this reason that admissions made by certain persons who share the identity of interest, are made relevant; the relationship creating such identity includes (a) agency;1 (b) proprietary interest or pecuniary interest,2 and (c) derivative interest.3 On the other hand, where there is no identity of interest, the reason for admitting the statement disappears and, therefore, statements by strangers are not, in general, relevant.4 The case is different where the strangers are persons to whom a reference is made by a party himself.5

1. Sections 18 and 20.

2. Section 18, clause (1).

3. Section 18, clause (2).

4. Stephen's Digest, Article 18.

5. Section 19.

9.9. The rationale of treating, as relevant, admissions made by an agent is that of the principal constitutes the agent his representative in a certain transaction, then whatever the agent does in the lawful prosecution of the transaction, is the act of the principal.

9.10. American usage occasionally describes admissions made by agents as authorised admissions", and admissions made by a person whose statement a Party are adopts are referred to as "adoptive admissions". In the scheme of the Act, these two are covered by sections 18 and 19, respectively.

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