The Weight of a Word

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) introduces a new and updated law of evidence in India, replacing the old Indian Evidence Act of 1872. Among its important concepts is the concept of admissions, which are statements made by a person that suggest the truth of a fact in dispute. Admissions help the court by reducing the need for lengthy proof and can strongly support a case if found reliable.

What is an admission?

An admission is a statement, whether oral, documentary, or in electronic form, which suggests an inference regarding any fact in issue or any relevant fact, made by certain persons under specific circumstances.

What is the meaning, nature, and scope of an admission?

An admission is substantive evidence. However, the person who made the admission is allowed to show that the admitted fact is incorrect. It is not conclusive and may be proved mistaken or untrue unless it operates as estoppel.

Are admissions conclusive?

No, admissions are not conclusive. The maker is free to prove that they were mistaken or incorrect, unless the admission creates an estoppel.

Can an admission that amounts to a confession be split and partly used?

No, an admission whether it amounts to a confession or not must be used as a whole and cannot be split into parts to use only what is favourable.

Does an admission made by counsel bind the client or the court?

An admission on a point of law made by counsel does not bind either the client or the court.

When does a statement made by counsel bind the client?

If counsel makes an unequivocal statement before the court regarding his client’s commitment on the subject matter of the proceedings, and the client has not instructed otherwise, such a statement is binding on the client.

When are statements made by a party or their agent treated as admissions?

Statements made by a party to the proceeding, or by an agent authorised expressly or impliedly by the party, are treated as admissions.

Are statements by parties in a representative capacity always admissions?

No. Statements made by parties suing or being sued in a representative character are admissions only if made while they held that representative character.

Can persons with proprietary or pecuniary interest make admissions?

Yes, statements by persons having proprietary or pecuniary interest in the subject matter, made in that capacity and during the continuance of that interest, are admissions.

Are statements by persons from whom the parties derive their interest admissible as admissions?

Yes, statements made during the continuance of such interest by those from whom parties derive their interest are admissions.

When are statements by persons, whose position or liability must be proved, treated as admissions?

Statements made by persons whose position or liability it is necessary to prove against a party are admissions if they would be relevant against such persons in a suit brought against them, and if made while they occupied such position or liability.

Is there an illustration?

Yes. If A denies that C owed rent to B, C’s statement admitting such debt becomes relevant against A, who undertook to collect rent for B.

When is a statement by someone referred to by a party considered an admission?

When a party refers another person for information on a matter in dispute, that person’s statement becomes an admission.

Is there an illustration of such admission?

When A tells B to ask C about the soundness of a horse sold, C’s statement is considered an admission.

What is the nature of such admissions?

The reference may be express or implied, but there must be a clear intention to rely on another’s information. Such admissions may be conclusive and may operate as estoppel if parties agree to rely on them.

What does information include in this context?

It is not limited to unknown facts. Even when parties dispute a matter, any statement by the referred person providing clarity or truth is considered information and is admissible.

Can admissions be proved against the person who made them?

Yes, admissions are relevant and admissible against their maker or their representative in interest.

Can a person prove his own admission?

Generally no, except in specific cases.

What are the exceptions when a person may prove his own admission?

1. 
   When the admission would be relevant if the maker were dead, as between third parties.
2. 
   When it is a statement of a state of mind or bodily condition made at or around the time, accompanied by conduct making falsehood improbable.
3. 
   When it is relevant for another purpose besides being an admission.

Are there any illustrations for such exceptions?

1. 
   A cannot use his own statement that a deed is genuine, but can use B’s statement declaring it genuine.
2. 
   A ship captain may produce business records kept by him if they would be admissible if he were dead.
3. 
   An accused may produce letters showing he was elsewhere at the time.
4. 
   A may prove refusal to sell stolen goods below value.
5. 
   A may prove he consulted an expert to check if currency was counterfeit.

Are oral admissions about the contents of a document relevant?

No, unless the party is entitled to give secondary evidence of the document or the genuineness of the document is in question.

When are admissions in civil cases not relevant?

Admissions are not relevant if made on the express condition that they shall not be used as evidence, or under circumstances showing an agreement that they should remain confidential.

Does this exempt advocates from giving evidence?

No, advocates may still be compelled to give evidence under legal provisions.

What is a confession?

A statement admitting guilt, whether communicated or not. Its evidentiary value does not depend on communication but requires proof, typically through witnesses.

When is a confession by an accused irrelevant in a criminal proceeding?

A confession is irrelevant if obtained through inducement, threat, coercion, or promise related to the charge, made by a person in authority, and leading the accused to believe he would gain or avoid harm.

Can such a confession become relevant later?

Yes, if the court believes the influence of inducement or threat has completely ceased.

Does a promise of secrecy or deception make a confession irrelevant?

No. Confessions remain relevant if otherwise admissible, even if made under secrecy promises, deception, intoxication, or without warnings.

Is extra-judicial confession a weak form of evidence?

Though considered weak, it can be relied upon and does not legally require corroboration unless prudence demands it.

Can a retracted confession support conviction?

Yes, a retracted extra-judicial confession can be the basis of conviction if sufficiently corroborated to satisfy the court of its truth.

Can a confession made to a police officer be proved against an accused?

No, a confession made to a police officer cannot be used against the accused.

Are confessions made in police custody admissible?

No, unless made in the immediate presence of a Magistrate.

What part of such a statement is admissible?

Only that part of the information which distinctly relates to the discovery of a fact is admissible.

Does it matter if the confession was made before investigation began?

No, confessions to police are barred irrespective of whether investigation has started.

When can a confession affect co-accused?

When multiple persons are tried jointly for the same offence, and one confesses implicating himself and others, the court may consider it against all.

Is a trial in the absence of an absconding accused considered joint?

Yes, such a trial is deemed joint for this purpose.

1. 
   If A and B are jointly tried and A confesses, it may be used against B.
2. 
   If B is not on trial, his confession implicating A cannot be considered against A.

What is the scope of such confessions?

The confession must implicate both the maker and the co-accused, and must be proved. Courts may consider it cautiously.

Is a confession by someone who is not a co-accused relevant?

No, it is relevant only if made by an accused implicating himself and another jointly tried.

Is a confession in custody a strong piece of evidence?

Even when admissible, such confession is weak and requires corroboration.

Do admissions conclusively prove the facts admitted?

No, admissions are not conclusive proof, though they may operate as estoppel under legal principles.

Therefore, admissions under the BSA remain an important part of evidence, helping courts reach the truth more quickly. Although admissions are not final proof, they carry strong value and may bind the person who made them. The law carefully protects against misuse, especially in criminal cases involving confessions. By keeping both fairness and efficiency in mind, the BSA ensures that admissions continue to guide courts toward justice in a clear and reliable manner.

Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.