Conspiracy and Admission of Co- conspirator Statement

SECTION 21- PROOF OF ADMISSION AGAINST PERSONS MAKING THEM AND BY OR ON THEIR BEHALF

• According to Section 21, Admission may be used against the party making the admission but it cannot be used by the party who makes the Admission for his own use. This Section further lays down three exceptions to this rule. These exceptions are:-
• illustration
• (a) The question between A and B is, whether a certain deed is or not forged. A affirms that it is genuine, B that it is forged.
• A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged ; but A cannot prove a statement y himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.
• ADMISSION FALLING UNDER SECTION 32: An Admission can be used by the person for his own use if the person making such Admission is dead. In this case, such admission will be relevant as between the third person under Section 32. Section 32 lays down that statements made by persons dead or who cannot be found may be proved if it was made under the circumstances mentioned in the Section.
• (b) A, the Captain of a ship, is tried for casting her away.
• Evidence is given to show that the ship was taken out of her proper course.
• A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course, A may prove these statements, because they would be admissible between third parties, if he were dead, under section 32, clause (2)
• STATE OF BODY AND MIND:An Admission made by a person regarding the existence of the state of body or mind relevant can be used by the person making such Admission if such a state of body or mind existed.
• d) A is accused of receiving stolen goods knowing them to be stolen.
• He offers to prove that he refused to sell them below their value.
• A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue.
• (3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission.
• (e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit.
• He offers to prove that he asked a skillful person to examine the coin as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine.
• A may prove these facts for the reasons stated in the last preceding illustration.

SECTION 22- ORAL ADMISSIONS AS TO THE CONTENTS OF DOCUMENTS

• In the case the party is entitled to give secondary evidence of the contents of the documents then he can rely on oral Admission.
• In the case where the original document is lost or if it is in the possession of the opposition party, then also the party may make oral Admission.

22A. When oral admission as to contents of electronic records are relevant

• According to Section 22-A, when there is an electronic record then nobody can rely on the oral Admission unless there is a question to the genuineness of such record.

Section – 22 and 22A Read with Chapter – V of Evidence Act – Documentary Evidence

SECTION 23- ADMISSION IN CIVIL CASES

• Section 23 is only applicable to civil cases and do not extend to criminal cases. According to this Section, an Admission in a civil case will not be relevant if it is declared that upon the express condition made by the parties to the suit that the Admission should not be given or under some circumstances the court infers that the parties have made an agreement that Admissions will not be given.
• Section 21 lays down that when an Admission is given without prejudice then such Admission will not be considered as relevant.
• When two people are in a dispute and one of them writes to the other offering certain terms, he may specify that if his offer is rejected, his letter will not be used against him as an admission of liability. This type of letter is referred to as “written without prejudice” and is not admissible in court.
• Such admissions are frequently made during negotiations between the parties or their officials to settle a claim that later becomes the subject of litigation, and the people who make the admission typically secures the privilege by specifying that the communications are without prejudice.

Watch this topic – Section – 17 – 23 of Evidence Act Admission – Part – 2 on YouTube