Meaning and Legal Basis
Admissions are statements suggesting any inference as to a fact in issue or relevant fact, made by parties or persons connected with them. Under Sections 17–23 of the Indian Evidence Act, 1872, admissions form an important category of evidence. Broadly, admissions are of two types: formal and informal. Formal admissions are made deliberately in the course of judicial proceedings, whereas informal admissions are casual statements made outside court. Both types help establish truth, but their evidentiary value depends on the circumstances. Admissions are not conclusive proof but act as important pieces of corroborative evidence, unless they amount to a confession in criminal cases, where separate rules apply.
Formal Admissions
Formal admissions are those made expressly in court or in pleadings, and they are binding unless withdrawn with the court’s permission. Under Section 58 of the Evidence Act, facts admitted need not be proved, meaning formal admissions reduce the burden of evidence and speed up trials. Such admissions may appear in written statements, pleadings, signed documents, or statements recorded by the court. They are treated as conclusive for the purpose of that proceeding because they were made consciously and with full awareness. Courts rely heavily on formal admissions as they simplify issues in dispute, narrow down controversies, and allow the court to focus on points that are genuinely contested.
Informal Admissions
Informal admissions are statements made casually or incidentally outside the courtroom, such as in conversation, letters, conduct, or behaviour. These admissions fall under Sections 17–21, which recognise statements made by parties or persons authorized by them. Informal admissions are not binding and must be proved like any other piece of evidence. Courts treat them with caution because they may arise from misunderstanding, emotional outbursts, or incomplete knowledge. However, when made voluntarily and clearly, they have strong persuasive value. Their evidentiary strength improves when supported by independent corroboration, especially in civil disputes and property matters where conduct and statements play a significant role.
Real-Time Example
A files a civil suit against B claiming ownership of land. In the written statement, B admits that A has been in possession of the land for several years. This is a formal admission under Section 58, and the court does not require further proof of possession. On another occasion, B casually tells a neighbour that A actually owns the land and he is only occupying it temporarily. This statement is an informal admission. While not conclusive, it can be proved in court by calling the neighbour as a witness. Combined, both admissions strengthen A’s case significantly.
Mnemonic to Remember Formal vs Informal Admissions
Mnemonic: “F-O-R-M-A-L vs I-N-F-O-R-M-A-L”
- F – Formal = Facts admitted in court
- O – Official pleadings
- R – Recorded in proceedings
- M – Must be accepted (Section 58)
- A – Admissible without proof
- L – Legally binding
- I – Informal = Incidental statements
- N – Not made in court
- F – From conversation or conduct
- O – Only persuasive, not conclusive
- R – Requires proof and corroboration
- M – May be unreliable
- A – Admitted under Sections 17–21
- L – Less weight than formal admissions
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