Week 8: Admission
Admission defined:
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.
Admission by party to proceeding or his agent, etc:
Statements made toy 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.
(2) 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.
(3) Statements made by-
(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 interest-
(b) persons from whom the parties to the suit have derived their interest in the subjectmatter of the suit,
are admissions if they are made during the continuance of the interest of the persons making the statements.
Admission 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 pr against them, and if they are made whilst the person making them occupies such position or is subject to such liability.
Illustrations:
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 relevant fact as against A, if A denies that C did owe rent to B.
Admission 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 matter in dispute are admission.
Illustration:
The question is, whether a horse sold by A to B is sound.
A says to B: "Go and ask C, C knows all about it." C's statement is an admission.
Proof of admissions against persons making them and by or on this 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 oh behalf of the person who makes them or by his representative in-interest, except in the following cases: —
(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 Article 46.
(2) An admission may be proved by or on behalf of the person making it, when it consist 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 or is not forged. A affirms that it is genuine, B that it is forged.
A may prove a statement of B that the deed is genuine, and B may prove a statement by A that the 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 her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead under Article 46 paragraph (2)
(c) A is accused of a crime committed by him at Peshawar.
He produces a letter written by him and dated at Lahore on that day, and bearing the Lahore post-marks of that day. The statement in the date of the letter is admissible, because if a were dead, it would be admissible under Article 46, paragraph (2).
(d) A is accused of receiving stolen goods known them to be stolen. He offers to prove that he refused to sell them below their value. A may prove this statement, though they are admissible because they are explainatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit coin which he knows to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or not and that that person did examine it and told him it was genuine. A may prove these facts for the reasons stated in the last preceding Illustration.
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 miles hereinafter contained, or unless the genuineness of a document produced is in question.
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 Article shall be taken to exempt any advocate from giving evidence of any matter which he may be compelled to give evidence under Article 9.