admission

Under the BSA an admission is an oral, documentary or electronic statement that suggests an inference as to a fact in issue or relevant fact, made by a party or certain persons connected with him. It is substantive evidence against its maker, but is not conclusive proof; it may be explained or withdrawn, though it can work as an estoppel.

An admission in a criminal case of guilt is a confession, which has stricter rules. In civil cases, admissions in pleadings or before trial (judicial admissions) dispense with proof altogether, and the court may pass judgment on admissions under Order XII CPC. Admissions made “without prejudice” during settlement talks are usually excluded.

Example

The defendant's letter acknowledging that Rs. 3 lakh was due was an admission, which the plaintiff used under Order XII Rule 6 to seek judgment on that amount.

In Indian law

• Section 15, Bharatiya Sakshya Adhiniyam, 2023 (old s.17 Evidence Act): admission defined
• Order XII Rule 6, Code of Civil Procedure, 1908 (judgment on admissions)

See also

confession · estoppel · relevant fact · fact in issue

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Conciliation: meaning, kinds and the role of the conciliator (Alternative Dispute Resolution Systems)
• Stages and procedure of conciliation under Part III (Alternative Dispute Resolution Systems)
• Mediation: meaning, the mediator and essential characteristics (Alternative Dispute Resolution Systems)