Topic 4

*ADMISSIONS"
Sections 15 to 25

Section 15: Admission defined

electronic
form, which
contained in made by any of
An admission is a statement, oral or documentary or which is
and
SUZZESÍS aNY inference as to amy fact in issue or relevant fact
the persons, and under the circunstances, hereinafter mentioned.

(Corresponding to S. 17 of theIndian Evidence Act, 1872)

evidence of the fact
substantive
considered evidence
Admissibility of evidence: An admission is witness is not substantive

relates to, while a previous statement used to contradictta

butonly challenges the witness's credibility.
his agent
Section 16: Admission by party to proceeding or
proceeding. or an agent to any such
party whom the
by a party to the impliedly authorized
() Statements nade expressy or
Court regards under the circumstances of thecase, as
by himto make them, are admissions.

(2) Statements made by

sued in a representative character, are not admissions,
(i) Parties to suits suing or
they were made while theparty making them held that character; or
unless matter of
(a)persons who have nay proprietary or pecuniary interest in the subject
(i) their character of persons so
the proceeding and who make the statement in
interested; or
their interest in the
(b)persons from whomthe parties to the suit have derived
subject matter of the suit,
making
are admissions, if theyare madeduring the continuance of the interest of thepersons
the statements.

(Corresponding toS. 18ofthe Indian Evidence Act, 1872)

Section Simplified:
()) Statementsmade by aparty to acase or their agent, who is authorized by the party (eithd
explicitly or implicitly), are considered admissions.
 Bharatia.Sakshya. Adhiniyam
Author- Adv. Shreya P. Mokal

(2) The section also clarifies when statements made by certain individuals are not
a d m i s s i o n s :

(a) Statements made by parties involved in a case in a representative capacity are not
admissions unless made during thetime they held that role.
(b) Statements made by persons with a proprietary or pecuniary interest in the case
orthosefrom whom the parties derived their interest are admissions, but only if made while
the interest exists.

Kev Points on Admissions

Anadmission is evidence but can be explained or rebutted.
It doesn't automatically bind a party unless it amounts to estoppel.
Its value depends on the context and circumstances in which it was made.

Admission by suitor in representative character"

Sometimes statements made by parties to suits, suing or sued in arepresentative character.

are not admissions, unless they were made while the party making them held that character.
Statement made by -

1. 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
2. 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.
Admission is only a piece of evidence and can be explained; It does not conclusively bind a
party unless it amounts to an estoppel. Value of an admission has to be determined by
keeping in view the circumstances in which it was made and to whom. A mere failure to
object cannot be placed on footing higher than an admission - Rakesh Wadhawan v/s.
Jagadamba Industrial Corporation, AIR 2002 SC 2004: (2002) 5SCC 440.
Section 17:Admissions by persons whose position must be proved as against
party to suit
Statements made by'persons whose position or lability, it is necessary to prOve as against
dny party tothe suit, are admissions, if such statements would be relevant as against such
Persons in relation to such position or liability in asuit brought by or ugainst them, and if
81
 Author- Adv. ShreyaaP.
am Mokal
Bharatia Sakstpa Adhini)

them occupies such position or is subject to s.,.

personmaking
they are made whilst the
liabilin:. Act, 1872)
(Corresponding toS. 79 ofthe Idian Evidence
Illustrations
B.
Aundertakes to collect rents for
from Cto B.
B sues A for not collecting rent due
Adenies that rent was due from C to B. A, ifA
statement by C that he owed B rent, is an admission, and is a relevant fact against
A
denies that C did owe rent to B.

Section 18: Admissions by persons expressly referred

to by party to suit
expressly referred for
Statements made bv persons to whom a party to the suit has
information in reference to a matter in dispute are admissions.

(Corresponding to S. 20 of the Indian Evidence Act, 1872)

Illustration

The question is, whether a horse sold by A to B is sound.

A says to B "Goand ask C. C knows all about it. C's statement is an admission.

Section 19: Proof of admissions against persons making them, and by or on

their behalf -
(Corresponding to S. 21 of the IndianEvidence Act, 1872)
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 on behalfofthe person who makes
them or y his representative except in following cases, namely;
a. An admission may be proved by or on behalf of the person making it, when it is of such
anature that, if the person making it were dead, it would be relevant as between third
persons under Section 26 of the BSA, 2023 (s. 32 under the Indian Evidence Act, 1872).
b. An admission may be proved by or on behalf of the person making it, when it
of statement of the existence of any state of mind or body, relevant or in consistS
or about the issue, made al
time when such state of mind or body existed, and is accompanied b)
conduct rendering its falsehood improbable.

82
Bharatiya Sakshya Adhinivam
Author-Adv.Shreya P. Mokal

C. An admission may be proved by or on behalf of the person making it, if it is relevant

otherwise than as an admission.

Section Simplified: This section establishes that admissions can be used as evidence against
the person who made them or their representative but cannot be used in their own favour
unless certain exceptions apply:
()Relevance After Death- If the admission would be relevant under Section 26(as a
statement by a deceased person), it can be proved by or on behalf of the person wno
made it.
(2) State of Mind or Body- An admission about astate of mind or body, made at or near
the time it existed, and supported by conduct that makes it unlikely to be false, is
admissible.
(3) Other Relevance- An admission may be used if it is relevant for reasons other than as
an admission.

Illustrations
(a) The question between A and B is, whether a certain deed is or is not forged, A affirms
that it is genuine, B that is forged.
Amay provea statement by B that the deed is genuine, and B may prove statement
by A that the deed is forged; but Acannot prove a statement by himself that the deed
is genuine, nor can Bprove a statement by himself that the deed is forged.
(b) A,the captain of a ship, is tried to 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 course. A may prove these statemnents,
because, they would be admissible between third parties, if he were dead, under
Section 26, clause (b).
(C) A is accused ofa crime committed by him at Calcutta.
bearing
He produces a letter written by himself and dated at Lahore on that day, and
the Lahore post-mark of that day.
dead, it would
The statement in the date of the letter is admissible, because, if A were
be admissible under Section 26, clause (b).
be stolen.
(0) Ais accused of receiving stolen goods knowing them to their
them below value.
He offers to prove that he refused to sell
are adMissions, because, they are
A may prove these statements, though they
Cxplanatory of conduct influenced by facts in issue.
83
 Author- Adv. Shreya P, Mokol
Bharatiya Sakshya Adhiniyam

accused of fraudulently having in his possession counterfeit coinwhich he knew to ha

A is
counterfeit.
examine the coin, as he doubted
He offers toprove that he asked askillful person to
examine it and told him is
whether it was counterfeit or not, and that the person did
was genuine.
preceding illustration.
A may prove thesefacts for the reasons stated in the last
Section 20: When oral admissions as to contents of documents are relevant.

Oral admissions as to contents of document are not relevant, unless and until the party
proposing 1o prove them 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.
(Corresponding to S. 22 of the Indian Evidence Act, 1872)
Section 21: 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 isnot to be given, or under circunstances from which the Court can infer that
the parties agreed together that evidence of it should not be given.
(Corresponding toS. 23 of the Indian Evidence Act, 1872)
Explanation - Nothing in this Section shall be taken to exempt any
evidence of any matter of which he may be compelled to give advocate from giving
(1) and (2) of Section 132. evidence under Sub-section

Section Simplified:
In civil cases, an admission is not
1. Itwas made on the explicit
considered relevant if:
2. The court can infer that bothcondition that it cannot be used as evidence.
evidence.
parties agreed the admission should not be
presented as
Advocates are not exempt from giving
under Section 132(1) and (2), evidence on matters they are compelled to
ensuring legal professionals cannot disclose
when required by law. withhold such information

84
 Bharativa Sakshva Adhiniyam Author- Adv. Shreya P. Mokal

Section 22: Confession caused by inducemnent, threat or coercion or

promise,
when irrelevant in criminal proceeding

1 made by an accusedpersonais irrelevant incauseda criminal proceeding, ifthe making

Aconfession.
to the Court to have been by any inducement, threat or
appears
the confession charge againstthe accused person, proceeding
Orpromise, having reference tothe
accused
sufficient, in the opinion of the Court, to give the
coercion
in authority and
from a person
which would appear to him reasonable, for supposing that by making it he
person grounds,
or avoid any evil of a temporal nature in reference to the
would gain any
advantage
proceedings against him.
inducement,
confession is made afier the impression caused by any such
Provided that if the removed, it is
promise has, in the opinion of the Court, been fully
threat, coercion or
relevant; otherwise relevant, it does not
become irrelevant
ifsuch a confession is
Provided further that secrecy, or in consequence ofa deception
under a promise of
merely because itwas made purpose of obtaining it, or when he was drunk,
or
practised on the accused person for the answered, whatever
answer to questions which he need not have
because it was made in he was not warned that he was not
bound
questions, or because
may have been theform of of it might be given against him.
confession and that evidence
tomake such
24, S. 28 & S. 29 of the Indian Evidence Act, 1872)
(Corresponding to S.
made
confession by an accused is not
valid in a criminalcase if it was
Section Simplified: A in authority, causing the accused to
pressure from somneone
due to threats, promises, or
believe it would help them gain a benefit or avoid harm.
However:
promises is removed, the confession
may become
- If the influence of such threats or
valid.
remains valid even if obtained through deception, secrecy, or
-

A confession use as evidence.

questioning, the accused was not warned about its
or if

"Confession":
the Adhiniyam, refers to a statement
Ihe term 'Confession' though not explicitly defined in
or implying their involvement. To determine
ade by a person accused of a crime, admitting entirety. Merely suggesting a
a statement is aconfession, it must be considered in its necessarily qual1ty as a
conclusion or admitting a fact that indicates guilt does not
confession.
85
Bharatiya Sakshya Adhinianm Author- Adv.
Shreya P.
Extra-Judicial Confession: Mokal

Meaning of Extra-judicial confession

to a confession made by an accused
An extra-judicial confession refersthan
to a person other a judicial officer or police. While person outside the,
court, typically these
can be used as evidence, they are not as strong as
judicial confessions
because they
factors. The court evaluates
confessions
vulnerable to being influenced by external these are more
carefully todetermine if they are voluntary and reliable, and they may not be
they were made under duress or with
inducement. admiconfssiessibloensit
The reliability of the confessions depends significantly on the credibility of the witness
testifies about it. While an extra-judicial confession is often regarded as a weaker who
form of
evidence, it can still form the sole basis for conviction if found credible, corroborated
other evidence and free from inconsistencies or improbabilities. The Courts must ev by
scrutinize the circumstances under which the confession was made, ensuring it was
influenced by coercion, duress or prolonged custody.
The Supreme Court has laid down following principles in the case of Sahadev v/s State af
Tamil Nadu, AIR 2012 SC 2435;

i. Extra-judicial evidence is weak and it has to be examined by the Court with great car
and caution.
ii. It should be made voluntarily and be truthful
iii. It should inspire confidence
iv. An extra-judicial confession attains credibility and evidentiary value ifit is supportad
by a chain of cogent circumstances and is further corroborated by other prosecuton
evidence.
v. For the extra-judicial confession to be the basis of conviction, it should not sutfer TOu
any material discrepancies and inherent improbabilities.
V1. Such statement essentially has to be proved like any other fact and in accordanvo w
law.
Not all circumstances mentioned in the confession require independent corroboration, b°t
deliberate and voluntary confessions, if clearly established are considered as astrong proof
under the law. The Courts should evaluate whether the confession is both voluntary andtrue
and avoid presuming its
weakness without proper assessment.
Under certain legal provisions, a confession recorded under Section 183 of Bharatiyd
Nagarik Suraksha Sanhita, 2023, even if not amounting to a confession, may be used as an
admission. Aconfession remains unchallenged throughout the trial and is later afirmedby
the accused can be relied upon fully. Each case must be assessed based on its specificfacs
and evidence to
determine the value of the
extra-judicial confession.
Bharat1yd
Author- Adv. Shreya P. Mokal
Distinction between Admissions & Confessions
Admissions (s.20, 21) Confessions (S. 22)
1 Definition: Definition:
A statement made by a person A specific type of admission
where the person
acknowledging the truth of afact acknowledges their guilt regarding the crime
that is relevant to the case. It may they are accused of.
or may not involve guilt.

2 Purpose: Purpose:
Primarily usedto establish the truth Used to establish the guilt of the accused
of a relevant fact in the case. person in a criminal case.
3 Scope: Scope:
Can be made regarding any fact, Directly related to the crime or offense
not necessarily related to the committed by the accused.
commission of a crime.

4 Legal effect: Legal effect:

Can be used against the person who Can be highly persuasive, and if made
made it but is not always voluntarily and without inducement, it can be
conclusive. It is not considered as treated as conclusive proof of guilt.
strong as a confession in proving
guilt.
5 Voluntariness: Voluntariness:
May be made voluntarily or in the Must be made voluntarily and not under
course of conversation, and can be inducement, threat, or coercion to be valid. It
retracted or explained by the person cannot be retracted easily once made.
who made it.

6
Admissibility: Admissibility:
Relevant in civiland criminalcases Primarily used in criminal cases and is subject
and can be used as evidence. to stricter standards regarding how it was
7
obtained (e.g., no inducement or coercion).
Role in Court: Role in Court:
Used to prove a fact, but it doesn't| Directly acknowledges guilt and can be crucial
necessarily imply guilt or liability. in establishing the accused's involvement in the
crime.

87
 Author- Adv. Shreya P
Bharativa Sakshya Adhiniyam Mokal
A person For example- Aperson explicitly admitting
8 For example
acknowledging they were present committing the
crime they are accused of
not
at the scene of a crime but
admittingto committing it.

Section 23: Confession to police officer

() No confession made to a police officer, shall be proved as against a person accusedot
am offence.
(2) No confession made by anv person while he is in the custody of a police officer, unles.
it is madein the immediate presence of aMagistrate shall be proved against him:
Provided that when any fact is deposed to as discovered in consequence of information
received from aperson accused of any offence, in the custody of apolice officer, so much
of suchinformation, whether it amounts to a confessionor not, as relates distinctly to the
fact discovered, may be proved.
(Corresponding to S. 25, S. 26 and S. 27 of the Indian Evidence Act, 1872).

Section Simplified:
(1) Confessionsmade toa police officer cannot be used as evidence against the accused.
(2) Confessions made by a person in police custody are not admissible unless made in the
presence of a Magistrate.
Exception: Information leading to the discovery of facts, given by the accused while in
police custody, can be used in court, even if it's not a full confession.
If the first information report is given by the accused to a police officer and amounts to a
confessional statement, proof of the confessional statement is prohibited by Section 23 [Ram
Sing vs. State of Maharashtra 1999, Cr.L.J. p. 3763 (Bom.)].
Section 24: Consideration of proved confession affecting person making í
and others jointly under trial for same offence

When more persons than one, are being tried jointly for the same offence, and a confessiv
made by one of 'such persons affecting himself and some other of such persons is proved th
Court may take into considerationsuch confession as against
against the person who makes such confession. such other perso, s

(Corresponding to S. 30 of the Indian Evidence Act, 1872)

Bharatiya Sakshya Adhiniyam
Author- Adv. Shreya P. Mokal

Explanation 1 "Ofence", as used in this Section, includes the abetment of, or attempt to
commit the offence.

Explanationll- Atrial of more persons than one held in the absence of the accused who has
hsconded or who fails to comply with a proclamation issued under Section 84 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be ajoint trial forthe purpose
of this Section.

Section Simplified: When multiple peopleare tried together for the same offence, and one
confession
the
nerson's confession affects both themselves and others, the court can consider
against both the person who made it and the others involved in
the trial.

Illustrations
B and I murdered
(a) A andBare jointly tried for the murder of C. It is proved that, A said
C".The Court may consider the effect of this confession as against B.
Cwas murdered by
(b) A is on his trial for the murder ofC. There is evidence to show that
Aand B, and that Bsaid A and I murdered C",
is not being
This statement may not be taken into consideration by the Court against A, as B
jointly tried.

COMMENTS: 2 ni)
co-accused: t
Accused's confession cannot be used against

The statement of the accused leading to the discovery, or the informatory statement
amounting to confession of the accused, cannot be used against the co-accused with the aid
of S. 303 - [Kamal Kishore /s. State (Delhi Administration), 1972, 2 Crimes 169 (Del) ].

Section 25: Admissions not conclusive proof, but may estop

Admissions are not conclusive proof of the matters admitted, but they may operate as
esloppels under the provisions hereinafter contained.
(Corresponding to S. 31 of the Indian Evidence Act, 1872).

89
Bharativa Sakshya Adhinivam Author- Adv. Shreya P. Mokol

(Tmportant University Examination Questions)

Answer in one sentence questions and Short note questions

1) Write a Short note on Admissions. (April, 2005; April, 2006; Nov 2005).bs
2) What are Confessions? (April 2005; Oct 2009).
3) Distinguish in short between Admissions and confessions. (April 2006). so
4) Write in short on the Effect of extra-judicial confession. (April 2006).
5) What is an Extra-judicial confession. (November 2007).
6) Explain in short on Confession to police officer made by the
2006; April 2007). accused. (November

(For Answers to above questions, refer Sections 15 to 25).

Answer in detail questions EIE OD srED

1) "Admissions are very weak kind of
evidence, and the Court may reject them, if it is
satisfied from theircircumstances that they are untrue"Discuss. (April, 2001)
2)Define "admission", What categories of
2004) admissions are admissible in evidence? (April,
(For Answers to the questions above,
refer Sections 15 to 21).
3) What is meant by "admission '"?
(Nov 2003; Nov 2006; Nov 2007; Distinguish between "admission" and "confession".
April 2008; Nov 2012).
4)Distinguish between Judicial Confession and
Extra-Judicial Confession. (Nov 2006).
5)Explain in detail kinds of confessions and
consequences of a confession. (April 2011).
6) What is a confession and
what is its evidentiary value?
(May 2009).
7)Explain what is proof, what is
(Nov 2012). admission and against whom it is required to be proved?