This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!

1. ALL INDIA BAR EXAM
LECTURES ON THE
EVIDENCE ACT, 1872
Badrinath Srinivasan LL.M., A.I.I.I., M.C.I.Arb.

2. Lecture 4
Relevance of
Admissions & Confessions

3. Recap
 Previous Lecture
 S 5- except for FII/RF evidence cannot be given of
anything else
 Things connected with the facts in issue to form part
of the same transaction, occasion, cause, effect,
motive, conduct, etc. (s. 6 -16).
 This Lecture
 Admissions and Confessions- when relevant
 S. 17-31

4. Meaning of Admission
 Literal meaning- acknowledging truth of
something which the person denied previously
 S. 17 IEA defines admission
 Statement
 Oral, documentary or electronic form
 Suggesting inference of a FII/RF
 Made by persons and in circumstances as
contemplated in IEA.

5. Effect of Admissions (S. 31)
 Admissions are not conclusive proof of the
matters admitted
 They may operate as estoppels- cannot contend
the contrary

6. Relevance of Admissions (s. 18)
Admission
 by authorised agent
 by suitor in representative suit is relevant when the
suitor holds the character
 by party interested in a subject-matter & makes
statement in that character
 by party from whom interest is derived, such
statement being made during the interest

7. More on Admission
 23- Admissions not relevant if statement is made
on condition that such evidence will not be given:
“without prejudice” rule
 19. Admissions by persons whose position must
be proved as against party to suit
 20- Statements by persons to whom party has
expressly referred for information in reference to
a matter in dispute are admissions.
 21- Admissions are relevant and may be proved
as against person making it.

8. Some More on Admission
 21- Admissions are relevant and may be proved
on behalf of the person making it:
 if the maker is dead, such statement would be relevant
as regards third persons under s. 32 IEA
 when it is accompanied by statement about state of
mind or body or conduct thereby making its falsehood
impossible
 if the statement is relevant otherwise than as an
admission

9. Oral Admissions of Documents’
Contents
 22: Oral admissions of contents of documents
are not relevant unless:
 party proposing to prove the contents is entitled to
lead secondary evidence under the IEA/
 genuineness of the document is in question
 23. Oral admissions as to the contents of
electronic records are not relevant, unless the
genuineness of the electronic record produced
is in question

10. Confessions: The Basics
 Not defined under the IEA
 Statement made by accused suggesting that he
had committed the crime
 24. Confession by accused is irrelevant if made
 under inducement, threat, promise, that he would
benefit or avoid any evil in reference to proceedings
against him
 by person in authority
 28. But if confession is made after such
inducement, threat etc. is removed, it is relevant

11. Confessions to Police Officer
 25. Confession to police officer shall not be
proved against an accused
 26. Above applies to any person in police
custody, except when made before a
Magistrate.
 27. Another Exception: information
discovered by police with information
received from a person in police custody is
relevant if relates distinctly to the fact
discovered even if it is a confession

12. Confessions Relevant even if
Obtained under Secrecy
 29: A relevant confession does not become
irrelevant merely because it was obtained:
 under promise of secrecy/
 from accused by deliberate deception/
 when accused was drunk/
 In answer to questions which accused need not have
answered/
 without a warning that he was not bound to make any
confession and that evidence may be given against
him.

13. Confession by one against another
 30: Confession by an accused is proved (if
relevant), it can be used against:
 the maker, and
 others who are being tried jointly for the same
offence
 Offence also includes abetment or attempt to
commit offences
 But the others should be jointly tried for the
same offence

14. Hasta la Vista Amigos