An admission is a statement, oral or documentary, or contained in electronic form, 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 mentioned below.
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An ‘admission’ is a statement of fact which waives or dispenses with the production of evidence, by conceding that the fact asserted by the opponent is true. Admissions are followed because the conduct of a party to a proceeding, in respect of the matter in dispute, whether by acts, speech, or writing, which is clearly inconsistent with the truth of his contention, is a fact relevant to the issue. Admissions constitute a very week kind of evidence, and the Court may reject them if it is satisfied, from other circumstances, that they are untrue.
ADVERTISEMENTS:
An admission is a confession or voluntary acknowledgment made by a party, or someone identified with him in legal interest, of the existence of certain facts which are in issue or relevant to an issue in the case. The predominant characteristic of this type of evidence consists in its binding character.
Admissions are broadly classified into two categories: (a) judicial admissions, and (b) extra-judicial admissions. Judicial admissions are formal admissions made by a party to the proceeding in the case. Extra-judicial admissions are informal admissions not appearing on the record of the case. Judicial admissions, being made in the case, are fully binding on the party who makes them. They constitute a waiver of proof. They can be made the foundation of the rights of the parties.
Extra-judicial admissions are also binding on the party against whom they are set up. Unlike judicial admissions, they are binding only partially and not fully, except in cases where they operate as or have the effect of estoppel, in which case, they are fully binding, and may constitute the foundation of the rights of the parties. (Ajodhya Prasad м. Bhawani Shanker, A.I.R. 1957 All. 1 F.B.)
In a case decided by the Supreme Court, the Plaintiff sought to rely on an admission made by the Defendant in the plaint in an earlier suit filed by the Defendant. It was held that Section 17 of the Evidence Act makes no distinction between an admission made by a party in his pleading and other admissions.
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Therefore, an admission made by a person in a plaint signed and verified by him may be used as evidence against him in other suits. Of course, the admission cannot be regarded as conclusive, and it is open to the party concerned to show that the statement is not true. (Basant Singh v. Janki Singh, A.I.R. 1976 S.C. 341)
It is generally immaterial to whom an admission is made. An admission made to a stranger is also relevant. Admissions are as much binding on the Government as on ordinary persons.