In legal proceedings, admission plays a critical role in establishing facts and narrowing the scope of disputes. Whether oral or written, an admission is considered substantive evidence and can significantly affect the outcome of a case.
What is an Admission? – Definition
Section 17 of the Indian Evidence Act, 1872 defines “Admission” as:
“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 in the Act.”
In Simple Terms:
An admission is a voluntary acknowledgment of a fact by a party (or their agent) that is unfavorable to their interest in a legal dispute.
Key Elements of Admission
- Must relate to a fact in issue or relevant fact
- Can be oral, written, or electronic
- Must be made voluntarily
- Must be made by a party to the proceeding or an authorized representative
Legal Provisions Related to Admission
| Section | Provision |
|---|---|
| Section 17 | Definition of Admission |
| Section 18 | Who can make admissions |
| Section 19 | Admissions by persons whose position is in issue |
| Section 20 | Admissions by persons expressly referred to |
| Section 21 | Proof of admissions against the person making them |
Types of Admissions
1. Judicial Admission
- Made in the course of legal proceedings
- Binding on the party who made it
- Requires no further proof
- Example: Admission in pleadings or written statement
2. Extra-Judicial Admission
- Made outside the court
- Not conclusive but can be used as evidence
- Needs corroboration in most cases
3. Formal Admission
- Done for procedural convenience (e.g., under Order XII Rule 6 CPC)
- May lead to judgment on admission
Examples of Admissions
- A tenant admitting in writing that rent is due
- A person in a fraud case stating he transferred the money knowingly
- An email or WhatsApp message acknowledging debt or liability
Case Laws on Admission
Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi (AIR 1960 SC 100)
Admission must be clear, unambiguous, and voluntary. It is relevant and can be substantive evidence.
Union of India v. Moksh Builders & Financiers Ltd. (1977)
Admission of facts in correspondence or documents can be relied upon by courts even in contractual matters.
Evidentiary Value of Admission
- Admissions are not conclusive proof, but they are strong pieces of evidence
- Can dispense with need for formal proof
- The court may pass judgment based on admission (especially under Order XII Rule 6 CPC)
When Admissions May Not Be Admissible
- If obtained under coercion, fraud, or mistake
- If the person making it was not competent
- If retracted later, the court will weigh it cautiously
Importance of Admissions in Civil & Criminal Law
In Civil Cases:
- Can shorten trials by eliminating need for proof of admitted facts
- Judgment on admission possible
In Criminal Cases:
- Not equivalent to confession unless all ingredients of the offence are admitted
- Extra-judicial admissions by accused must be corroborated
Summary Table: Admission in Evidence Law
| Aspect | Details |
|---|---|
| Statutory Definition | Section 17, Indian Evidence Act |
| Nature | Oral, Written, or Electronic |
| Types | Judicial, Extra-Judicial, Formal |
| Legal Effect | Not conclusive, but strong evidence |
| Who Can Admit | Parties to the suit, agents, relevant persons under Sections 18–20 |
| Key Relevance | Establishes facts, limits controversy, can lead to judgment without trial |
