Will an alleged admission become a proof
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
Advocates,
What is in general evidentiary value of non-judicial admissions.
If one party claims that the other has admitted something which the other person denies it before the court, will any proof of admission by the party prove the truth of the matter admitted by the other party.
I think proof of admission is different from the truth of the admission made.
Eg: I say I killed a dog, without a proof of a dog being killed the evidence of admission is mere a hearsay.
Please clarify.
s.subramanian
(Expert) 29 December 2011
Obviously you are referring to Extra Judicial Admissions. They are covered by Sections 17 to 31 of the Indian Evidence Act. Any admission can be explained away and they are not conclusive under law. An admission on the basis of hearsay is totally inadmissible.
Dr V. Nageswara Rao
(Expert) 29 December 2011
I agree with Mr Subramanian but there is a rider: If the admission operates as estoppel, it is conclusive against the maker.In fact all admissions and confessions are hearsay.
prabhakar singh
(Expert) 29 December 2011
yes! True,admission can be explained away and they are not conclusive under law except in cases of estoppel.
But for what it has come before us.you are testing your academia or ours,be it as it may be it is like to kill time unnecessarily. And when you understand so much you should join us helping others by answering queries instead of asking useless queries.
N.K.Assumi
(Expert) 29 December 2011
Sorry prabakhar singh, but give me an opportunity to answer his query. You killed a dog and ate it and digest it. So how can the court see the dog in the court? In such case your admission before the court that you killed a dog, shall be conclusive proof of killing a dog.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 December 2011
Academic discussions are welcome change Mr Assumi than customery I AGREE , I ALSO AGREE, WELL REPLIED, NOTHING MORE TO ADD SO ON AND ON.,ETC AND ETC.
while discussion even contradictory adds to the depth of knowledge.
Coming to querry even if academic has relevance in real court battles.
Mr Subramaniam it is not hearsay the person is saying I KILLED A DOG. This is sufficient admission since as Assumi says the dog is killed, eaten and digested- so from where you will bring the dog.
Devajyoti Barman
(Expert) 29 December 2011
This is a ac academic query which should be posted in the Forum and not at this place.
Deepak Nair
(Expert) 29 December 2011
I think you are going through CrPC - Ratanlal Dhirajlal.
