What is an Admission and its evidentiary Value?

(1) Introduction

Two terms are important as far as dispensing of justice is concerned. These terms are confession and admission. Usually these two terms are intermixed with each other. But reality is that these terms are different from each other. Main differences between these terms are that all confessions are admissions while all admissions cannot be confession, and admission is a matter of civil suit where as confession is a matter of criminal case.

(2) Meaning

Admission means that oral or documentary statement, which suggests any inference about any fact in issue or relevant fact and which is made by any of those persons and under those circumstances, which have been mentioned in Articles No. 31 to 36 of Qanoon-e-Shahadat Order.

(3) Evidentiary Value Of Admission

Following points are importan for explanation of evidentiary value of admission:

• (i) Proof of admissions
• (ii) Oral admissions about contents of documents
• (iii) Admissions in civil cases
• (iv) Admission as evidence.

(i) Proof of Admissions

Here following points are important:

• (a) Against whom admissions can be proved?
• (b) By whom admissions cannot be proved?
• (c) Exceptions

(a) Against Whom Admissions Can Be Proved?

Admissions are relevant and can be proved against that person, who makes them. Even they are also considered relevant and can be proved against representative-in-interest of that person, who makes them.

(b) By Whom Admissions Cannot Be Proved?

Admissions cannot be proved by or on behalf of that person, who makes them. Even they cannot be proved by or on behalf of representative-in-interest of that person, who makes them.

(c)Exceptions

In following cases, admissions can be proved by or on behalf of that person, who makes them, or his/her representative-in-interest:

(c-i) Relevant admission between third persons

(c-ii) Existence of state of mind or body

(c-iii) Admission, which is relevant otherwise than as an admission

(ii) Oral Admissions about Contents Of Documents

Here following points are important:

• (a) Basic Principle
• (b) Exception

(a) Basic Principle

Basic principle is that oral admissions about contents of some document are not relevant.

(b) Exception

Followings are exceptions to this basic principles:

(b-i) Secondary evidence

Oral admissions about contents of some document can be relevant when party, who proposes to prove such contents, shows that he/she is entitled to give secondary evidence of such contents under rules of law.

(b-ii) Genuineness of document

Oral admissions about contents of some document can be relevant if genuineness of that document, which is produced, is in question.

(iii) Admission in civil cases

For explanation of relevancy of admissions in civil cases, following points are important:

a- Express condition

If admission is made upon this express condition that evidence of it is not to be given, such admission is not relevant in civil cases.

b-Circumstances

If admission is made under these circumstances from which court can infer that parties agreed together that evidence of it should not be given, such admission is not-relevant in civil cases.

(iv) admission as evidence

Following points are important for explanation of Admission as evidence:

a-Valuable piece of evidence

Admission is always considered valuable piece of evidence. However, it can only become relevant and admissible when person, who makes it, is confronted with it.

b-Impeaching credit of witness or contradicting witness

Admission is though substantive piece of evidence, yet it cannot be used to impeach the witness or contradict him/her.

c-False and untrue admission

When person, who makes admission, wants that such admission should not acted upon, he/she becomes under burden to that it is false and untrue.

(4) Persons By Whom Admission Can Be Made?

Following persons can make admissions:

• Party to proceeding
• Authorized agent
• Person, who has proprietary or pecuniary interest
• Person from whom parties to suit have derived their interest
• Person whose position or liability must be proved against party to suit
• Person to whom some party to suit has referred for information

(5) Conclusion

To conclude, it can be stated that admissions are though not conclusive proof of matters, which are admitted, but they can be relevant. No-doubt it can be proved that some admission is wrong. However, it is considered very strong piece of evidence against its maker and is decisive of matter if it is not proved that it is wrong.

 

Also chek out another questions of QSO 1984.

Qanoon e Shahadat, 1984 all questions.