Admission

Definition: According to section 17 of the Evidence Act, 1872 an admission is a statement, oral or documentary 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 hereinafter mentioned.

Generally, admission means oral or documentary statement which helps the judge to presume regarding any fact in issue or relevant fact or which made clear before judge any fact in issue or relevant fact.

Kinds of admission: Admission is four kinds:-

1.     Direct.

2.     Indirect.

3.     Judicial.

4.     Extra judicial.

These are discussed below-

Direct: when any person directly admits any relevant fact or fact in issue before the court is called a direct admission.

Indirect: when any person indirectly admits any fact in issue or relevant fact before the court is called an indirect admission.

Judicial: Judicial admission is one which given before the court.

Extra judicial: Extra judicial admission is one which is given outside of the court.

Characteristics of admission: are given below-

1. Admission is a statement. (17)

2. An admission may be oral or documentary. (17)

3. Admission may be made to any person.

4. Admission may be made by any person.

5. Admission is admissible on the principle that nobody would made any statement, which is against the interest of maker, unless that is true.

6. Admission is never a substitute for proof. It merely estops a person from denying the truth the statement made by him. (31)

7. It can be made by the person mentioned in section 18, 19 and 20.  

8. An admission must be taken as whole.

9. Admission must be made voluntarily without any threat or inducement.

Evidentiary value of admission: Admission is not a strong evidence and not conclusive proof of any fact in issue of relevant fact. Admission has mere value as evidence. The main purpose of admission is to stop a man from giving different statement in different time.