DECLARATION

I , Rajdeep Dutta , hereby declare that , the project work entitled , ‘Admisson’ submitted
to School Of Law and Governance , CUSB, Gaya is record of an original work done by
me under the able guidance of Assistant Professor ‘Dr Deo Narayan Singh’ Faculty of
School Of Law And Governance , CUSB, Gaya.

Rajdeep Dutta
CUSB17131250237
 RESEARCH METHODOLOGY

The Objective of this project is to examine Admission under Indian evidence act. This project
is descriptive and analytical in nature. Secondary and Electronic resources have been largely
used to gather information and data about the topic.
Books and other reference as guided by Faculty of School of Law and Governance have been
primarily helpful in giving this project a firm structure. Websites, dictionaries and articles have
also been referred.
Footnotes have been provided wherever needed to acknowledge the source. Citation has also
been provided.
 ACKNOWLEDGEMENT

The success and final outcome of this project required a lot of guidance and assistance
from many people and I am extremely privileged to have got this all along the completion of
my project. All that I have done is only due to such supervision and assistance and I would not
forget to thank them.

I respect and thank Dr.Deo Narayan singh, for providing me an opportunity to do the project
work on the topic of Cheating and giving us all support and guidance which made me complete
the project duly. I am extremely thankful to him for providing such a nice support and guidance,
although he had a busy schedule
 INTRODUCTION

The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act,
1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that
time, India was a part of the British Empire. Over a period of more than 125 years since its
enactment, the Indian Evidence Act has basically retained its original form except certain
amendments from time to time.

When India gained independence on 15 August 1947, the Act continued to be in force
throughout the Republic of India and Pakistan, except the state of Jammu and Kashmir.[3]
Then, the Act continues in force in India, but it was repealed in Pakistan in 1984 by the
Evidence Order 1984 (also known as the "Qanun-e-Shahadat"). It also applies to all judicial
proceedings in the court, including the court martial. However, it does not apply on affidavits
and arbitration. The enactment and adoption of the Indian Evidence Act was a path-breaking
judicial measure introduced in India, which changed the entire system of concepts pertaining
to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences
were based on the traditional legal systems of different social groups and communities of
India and were different for different people depending on caste, community, faith and social
position. The Indian Evidence Act introduced a standard set of law applicable to all Indians.

The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be
called the founding father of this comprehensive piece of legislation.

Meaning of Admission:
The expression 'Admission' means "Voluntarily acknowledgment of the existence or
truth of a particular fact". But In the Evidence Act, the term 'Admission' has not been used in
this wider sense. It deals with admissions by statements only oral or written or contained in
an electronic form. Admission plays a very important role in judicial proceedings. If one
party to the suit or any other proceeding proves that the other party has admitted his case, the
work of court becomes easier. An Admission must be clear, precise and not vague or
ambiguous.
 Definition of Admission

Under section 17 of the Indian Evidence Act, Admission is defined according to it An

admission is a statement[oral or documentary or contained in electronic form], 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.

This means that any statement whether it be oral or documentary or contained in electronic
form such as in a cellphone or tape recorder etc which leads to the conclusion to any fact in
issue or relevant fact and which is made by any person.

Unlike confession where the statement is made by the accused admitting his guilt , admission
can be made by any person regarding any fact in issue or relevant fact.
 Characteristics of Admission

To constitute admission, the following characteristics are to be present as per definition stated
above.

1) It may be oral or documentary

2) It is a statement to suggest any inference to any fact in issue or relevant fact.

3) It must be made by any person prescribed under the Act; and

4) It must be made under the circumstance prescribed under the Act.

The admission must be clear and unambiguous. The admission is admissible because of
the following reasons:

a) Admission as a waiver of proof;

b) Admission as a statement against interest;

c) Admission as evidence of contradictory statement;

d) Admission as evidence of truth.

Admission is the best substantive evidence that an opposite party can rely upon.
 Nature of Admission:

The statements made by parties during judicial proceeding are 'self regarding
statements'. The self regarding statements may be classified under two heads -

i) Self-serving statements; and

ii) Self-harming statements.

i) Self-serving Statements - Self-serving statements are those, which serve, promote or

advance the interest of the person making it. Hence they are not allowed to be proved. They
enable to create evidence for themselves.

ii) Self-harming - Self-harming statements are those which harm or prejudice or injure the
interest of the person making it. These self-harming statements all technically known as
“Admissions" and are allowed to be proved.
 Who can make admissions

An Admission is relevant if it is made by:

1) A party to the proceeding;-

2) An agent authorized by such party.

3) A party suing or being sued in a representative character making admission while holding
such character.

4) A person who has a proprietary or pecuniary interest in the subject matter of the suit
during the continuance of such interest.

5) A person from whom the parties to the suit have derived their interest in the subject matter
of the suit during the continuance of such interest. (Section 18)

6) A person whose position it is necessary to prove in a suit, if such statements would be

relevant in a suit brought by against himself (Section 19.)

7) A person to whom a party to the suit has expressly referred for information in reference to
a matter in Dispute (Section 20.)