Admission under the Evidence Act 1872

An admission is an important piece of evidence against the person. Admission

relates the section 17 to 23 and section 31 of the evidence act. Some provisions of this
act were amended by the law amending Evidence Act 2015.

Under section 17 of the Law Amending Act 2015;-

(1) An admission is a statement, oral or documentary which suggests any reference as

to any act in issue or relevant act and which is made by any of the persons under
circumstances, hereinafter contained as mentioned.

(2) A confession is an Admission made at any time to any person accused of an

offence stating or suggesting that he committed that offence.

In the case of Mg KO Lay Vs Union of Myanmar, 1968 B.L.R (C.C) 148, it

was held that an admission can be considered as a proof either in Criminal Cases or
Civil suits under the provisions of Section 17 to 21 of the Evidence Act, 1872.

An admission can be proved by or on behalf of any person making it under

exceptional circumstances. Section 18, 19 and 20 of the Evidence Act 1872, there are
persons can make the admission .These persons are;-

(a) A person from whom to have derived their subject-matter and suits during the
continence of the interests of the person making the statement, under section 18 or;

(b) A person whose position it is necessary to prove in the suit, if such statement
would be relevant in the suit brought by or against him under section 19 or;

(c) A person whom to a party to the suit expressly referred for information under
reference as a matter in the suit under section 20.

The value of an admission can be seen in section 21, 22 and 23 of the

Evidence Act, 1872.

Section 21 of the Evidence Act lays down that as a general rule referred in
admission and may be proved as against the person who can make them or his
interests and if duly proved, thought not conclusive, is sufficient of the facts of
evidence. These facts eventually give to the admission that may be proved that made
them this is destructive and not constructive. Whether they are true or not does not
matter.

Section 22 of the Evidence Act as oral to the contents of the documents are not
relevant, unless and until the party proposing may proved them shows that he is
entitled the secondary evidence of the contents of the documents under rules
hereinafter contained , unless genuineness in the document is in question.

Section 23 of the Evidence Act, 1872, in civil cases, no admission is not

relevant but either they made upon a condition in the evidence of it is not be given or
under circumstances from which the court can confer that the party agreed together of
that evidence should not be given.

Section 31 of the Evidence Act 1872, admission is not conclusive proof of the
admitted affects but they may operate as estoppels.

In the case of Daw Cho Vs U Ganni, (1951) B.L.R ( C.C) 158, it was held that
under section 31 of the